RODRIGUEZ GARCIA V. STATE

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Third District Court of Appeal State of Florida Opinion filed March 13, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-0128 Lower Tribunal No. 13-18883 ________________ Adolfo Irvin Rodriguez Garcia, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Martin Zilber, Judge. Adolfo Irvin Rodriguez Garcia, in proper person. Ashley Moody, Attorney General, for appellee. Before SALTER, LINDSEY, and MILLER, JJ. PER CURIAM. Affirmed. See § 784.03(2), Fla. Stat. (2018) (“A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, ‘conviction’ means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.”). 2

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