
    Gary AVILA, Appellant, v. The STATE of Florida, Appellee.
    No. 3D12-2955.
    District Court of Appeal of Florida, Third District.
    March 13, 2013.
    Gary Avila, in proper person.
    Pamela Jo Bondi, Attorney General, for appellee.
    Before SUAREZ, LAGOA and SALTER, JJ.
   ON MOTION FOR REHEARING

PER CURIAM.

We grant the Appellee’s motion for rehearing, -withdraw our original opinion filed January 2, 2013, and issue the following opinion in its place.

We affirm the trial court’s denial of the defendant’s petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a), but without prejudice for the defendant, Gary Avila, to file a post-conviction petition in the trial court that facially demonstrates entitlement to the relief he seeks. See Johnson v. State, 60 So.3d 1045, 1051 n. 2 (Fla.2011).

Affirmed.  