Doyle v. State

772 So. 2d 607 | Fla. Dist. Ct. App. | 2000

*608 ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant’s Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant’s second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State, 707 So.2d 381 (Fla. 5th DCA 1998).

AFFIRMED.

PETERSON and SAWAYA, JJ„ concur.