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836 So. 2d 1127

Lee v. State

District Court of Appeal of Florida

Decided February 12, 2003

District Court of Appeal of Florida · decided 2003-02-12

Relies on Strickland v. Washington · 750 So. 2d 592 - Wood v. State

Decided 2003-02-12

¶1*1128ON MOTION FOR REHEARING GRANTED

PER CURIAM.

¶2The opinion filed November 6, 2002, is withdrawn, and the following is substituted in its place.

¶3Defendant appeals from the denial of his motion for postconviction relief. Contrary to the trial court’s conclusion, the motion is timely pursuant to Wood v. State, 750 So.2d 592 (Fla.1999). However, the trial court correctly denied the motion on the merits, as defendant faile'd to establish prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Moreover, the record establishes that there was a factual basis for defendant’s plea, and that defendant, through counsel, stipulated to that factual basis.

¶4AFFIRMED.

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