Florida District Courts of Appeal, 2015

Birchard v. State

Birchard v. State
Florida District Courts of Appeal · Decided November 18, 2015 · Casanueva, Wallace, Black
198 So. 3d 657; 2015 Fla. App. LEXIS 17311; 2015 WL 7282933 (Southern Reporter, Third Series)

Birchard v. State

Opinion

PER CURIAM.

Affirmed without prejudice to the appellant’s right to file a timely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 challenging the effectiveness of his trial counsel with respect to the issues raised in this appeal as well as any other matters relating to postconviction relief which the appellant may wish to set forth in such a motion.

CASANUEVA, WALLACE, and BLACK, JJ., Concur.

BY ORDER OF THE COURT.

The Appellant’s motion for rehearing filed September 18, 2015, is granted. The per curiam opinion dated September 4, 2015, is withdrawn, and the attached revised opinion is substituted therefor. The

*658 Appellant’s Amended Motion/Request for Issuance of Written Opinion filed September 18, 2015, has been denied. No further motions for rehearing will be entertained in this appeal.

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