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RODRIGUEZ v. STATE

No. 97-3790.

715 So.2d 329 (1998)

Ebodio RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 3, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Peggy Natale and Gary Caldwell, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Geddis v. State, 715 So.2d 991 (Fla. 4th DCA 1998). However, unlike Geddis, in this case, the claim of ineffective assistance of counsel is not conclusively refuted by the trial record; accordingly, this affirmance is without prejudice to appellant pursuing his claim via Rule 3.850.

FARMER and STEVENSON, JJ., and KROLL, KATHLEEN J., Associate...

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