Bayron v. State

Motion for Rehearing and/or Clarification

ROTHENBERG, Judge.

We withdraw the opinion filed on January 18, 2006 on our own motion and substitute the following. See Johnson v. State, 184 So.2d 161 (Fla.1966); City of Cooper City v. Farthing, 905 So.2d 925 (Fla. 1st DCA 2005); Dart v. State, 417 So.2d 1165 (Fla. 1st DCA 1982).

Pedro P. Bayron appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging that the State failed to file any notice of its intent to seek habitual felony offender sentencing under section 775.084. As to…