DIAZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 ** JOSE A. DIAZ, ** Appellant, ** vs. CASE NO. 3D04-1190 ** THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 97-13409 Appellee. ** Opinion filed June 2, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Jose A. Diaz, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SHEVIN, RAMIREZ, and WELLS, JJ. PER CURIAM. Affirmed. The motion for post-conviction relief was properly denied as it only states that appellant Jose A. Diaz was given a life sentence, therefore, counsel was ineffective. This does not meet either prong of Strickland v. Washington, 466 U.S. 668, 687 (1984). 2

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