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REYES v. STATE

No. 89-869.

554 So.2d 625 (1989)

Frank REYES, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 1989.

Attorney(s) appearing for the Case

Robert H. Dolman, Ft. Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.

Opinion on Rehearing

PER CURIAM.

We grant appellant's motion for rehearing, withdraw our opinion dated September 26, 1989, and substitute for it the following opinion on rehearing:

Appellant entered a negotiated plea of nolo contendere with reservation of the right to appeal denial of his motion to dismiss on statute of limitations grounds. Because the identical issue was the subject of an earlier petition for writ of prohibition which this...

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