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LONDON v. STATE

No. 85-1578.

541 So.2d 119 (1989)

John Henry LONDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied, Certification Denied and Stay Denied April 19, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

Upon reappraisal of the facts, we now conclude the original opinion was incorrect and reverse and remand for new trial.

This is the defendant's fourth trial for the same murder. In light of Sayan v. State, 381 So.2d 363, 364 (Fla. 4th DCA 1980) ("After a mistrial, a case stands as if it had never been tried and the defendant is subject to being tried again on the same...

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