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HICKS v. STATE

No. 77-1117.

362 So.2d 730 (1978)

Odell Aaron HICKS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 2, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and KEHOE, JJ.

OPINION ON REHEARING

KEHOE, Judge.

On June 19, 1978, by order of this court, we granted appellant's and appellee's petitions for a rehearing in regard to our previous opinion in this cause filed May 16, 1978. Upon re-argument of the cause, we now withdraw our opinion in Hicks v. State, Case No. 77-1117 (Fla. 3d DCA, opinion filed May 16, 1978), and enter the following opinion:

Appellant, Odell Aaron Hicks, was found guilty by a jury of "....

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