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STATE v. HACKER

No. 85-2413.

510 So.2d 304 (1986)

STATE of Florida, Appellant, v. Brian HACKER, Appellee.

District Court of Appeal of Florida, Fourth District.

October 15, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

GUNTHER, Judge.

We grant appellee's motion for rehearing but treat it as a motion for clarification. Accordingly, the following clarified opinion is substituted for our August 27, 1986 opinion.

The state appeals the order granting defendant Brian Hacker's motion to dismiss Count I of the indictment charging him with one count of first-degree felony murder (Count I), four counts of robbery with a deadly weapon, one count of...

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