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THOMAS v. STATE

No. 82-2500.

484 So.2d 1372 (1986)

Benjamin Bruce THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 18, 1986.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HENDRY, JJ.

ON MOTION FOR REHEARING

HENDRY, Judge.

Upon rehearing, the original opinion in Thomas v. State, 11 F.L.W. 160 (Fla. 3d DCA Jan. 7, 1986) is withdrawn and the following opinion is substituted.

Appellant was charged by information in 1982 with armed burglary (count I); armed robbery (count II); sexual battery with force likely to cause serious personal injury (count III); kidnapping (count IV); and battery (count V). The jury returned a verdict...

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