
    Joaquin MORALES, Appellant, v. The STATE of Florida, Appellee.
    No. 94-2016.
    District Court of Appeal of Florida, Third District.
    March 29, 1995.
    
      Joaquin Morales, in pro. per.
    Robert A. Butterworth, Atty. Gen., for ap-pellee.
    Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
   ON MOTION FOR REHEARING

PER CURIAM.

The opinion filed March 8, 1995, herein is withdrawn and the following opinion is substituted in its place.

We treat the summary denial of the defendant’s petition for habeas corpus as an order denying 3.800 or 3.850 relief, review the order on its merits pursuant to Fla.RApp.P. 9.140(g), and affirm.  