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LOPETEGUI v. STATE

No. 71-811.

257 So.2d 914 (1972)

Bienvenido LOPETEGUI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 8, 1972.

Attorney(s) appearing for the Case

Donald F. Frost, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

This appeal from a summary denial of a motion filed pursuant to CrPR 3.850 is affirmed upon authority of the rule that a motion pursuant to CrPR 3.850, 33 F.S.A., may not be used as a substitute for appeal. Peterson v. State, Fla.App. 1970, 237 So.2d 223.

In the instant case the appellant has had a full appeal from his conviction, Lopetigui v. State, Fla.App. 1970, 232 So.2d 399

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