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STATE v. KILPATRICK

No. 61349.

420 So.2d 868 (1982)

STATE of Florida, Petitioner, v. Ken Scott KILPATRICK, Respondent.

Supreme Court of Florida.

Rehearing Denied November 9, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for petitioner.

Philip J. Padovano, Tallahassee, for respondent.

OVERTON, Justice.

This cause is before the Court on the state's motion to reinstate its petition for discretionary review after an administrative dismissal on the grounds of untimely filing. The real issue is whether a motion for a rehearing en banc before a district court of appeal, which was filed separately and not in conjunction with a motion for rehearing under rule 9.330(a), has the effect of tolling time for filing a petition for review in this Court until...

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