McPhee v. State, 3D01-1921.
Decision Date | 26 June 2002 |
Docket Number | No. 3D01-1921.,3D01-1921. |
Citation | 823 So.2d 160 |
Parties | Kevin McPHEE, a/k/a Donte Ramon Laws, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Kevin McPhee a/k/a Donte Ramon Laws, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before LEVY, GREEN, and FLETCHER, JJ.
ON MOTION FOR REHEARING
Kevin McPhee, a/k/a Donte Ramon Laws, moves to recall the opinion or set aside this court's mandate in case number 3D01-1921, wherein this court affirmed the trial court's order denying relief and certified the matter to the Florida Supreme Court as we did in Major v. State, 790 So.2d 550 (Fla. 3d DCA 2001). We grant McPhee's motion, set aside the mandate, recall our previously issued opinion and replace it with the following:
As this court recently explained in Cifuentes v. State, 816 So.2d 804 (Fla. 3d DCA 2002):
As McPhee here alleges affirmative misadvice of counsel, following Cifuentes we affirm and certify conflict with Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000).
Affirmed; conflict certified.
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