ERNESTO VILLANEDA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-11-16
No. 18-2902
Howard, J., Berger, J., Wallis, J., Lambert, J.
257 So. 3d 640 Florida District Court of Appeal, Fifth District (2018)

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Holding

The trial court's judgment is affirmed, but the appellant may pursue post-conviction relief under Florida Rule of Criminal Procedure 3.850.


Headnotes

[1] An appellate affirmance of a trial court judgment does not preclude a defendant from pursuing post-conviction relief under Florida Rule of Criminal Procedure 3.850.

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Facts & Procedural History

Ernesto Villaneda appealed a judgment from the Circuit Court for Citrus County. The appellant proceeded pro se.…

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Opinion of the Court
Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ERNESTO VILLANEDA,

Appellant,

v. Case No. 5D18-2902

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed November 16, 2018

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Ernesto Villaneda, Milton, pro se.

No Appearance for Appellee.

PER CURIAM.

Affirmed without prejudice to Appellant pursuing relief pursuant to Florida Rule of Criminal Procedure 3.850. See Gethers v. State, 838 So. 2d 504, 507–08 (Fla. 2003); Johnson v. State, 932 So. 2d 300, 301 (Fla. 2d DCA 2006) (citing Jasmin v. State, 799 So. 2d 312, 312 n.1 (Fla. 2d DCA 2001)).

AFFIRMED.

BERGER, WALLIS and LAMBERT, JJ., concur.


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