DocketNumber： No. 2D08-5380
Citation Numbers： 98 So. 3d 70, 2010 Fla. App. LEXIS 13050, 2010 WL 3434558
Judges： Crenshaw, Davis, Morris
Filed Date： 9/1/2010
Status： Precedential
Modified Date： 10/19/2024
ORDER GRANTING APPELLANT’S MOTION FOR RECONSIDERATION AND STRIKING PRO SE MOTION FOR REHEARING
On September 1, 2010, this court issued its opinion affirming the trial court’s denial of Ortiz’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. On September 7, 2010, Ortiz filed a pro se motion for rehearing. At all relevant times during the pendency of this appeal, Ortiz has been represented by counsel. Accordingly, his pro se motion was stricken by this court in accordance with our opinion in Benjamin v. State, 32 So.3d 131 (Fla. 2d DCA 2009).
Subsequent to the filing of his motion for rehearing, Ortiz wrote to the chief judge of this court requesting that this court review (and presumably recede from) Benjamin. Ortiz’s letter will be treated as a motion for reconsideration of his earlier motion for rehearing.
Having considered Ortiz’s arguments, we decline to recede from Benjamin and we approve the striking of Ortiz’s pro se motion for rehearing.
DAVIS and CRENSHAW, JJ., Concur.