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TOLBERT v. STATE

No. 85-2714.

522 So.2d 420 (1988)

Theodis TOLBERT, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 13, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb and Harvey J. Sepler, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and FERGUSON, JJ.

PER CURIAM.

Following our opinion reported in Tolbert v. State, 474 So.2d 5 (Fla. 3d DCA 1985) the matter reoccurred in the trial court and the state filed an information charging a lesser crime arising out of the same criminal episode as involved in the earlier criminal procedure, but which was not one included as a lesser included offense of the original charge. Upon the expiration of the one hundred and eighty days of...

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