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POPEJOY v. STATE

No. 91-232.

597 So.2d 335 (1992)

John POPEJOY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 7, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and GERSTEN, JJ.

ON MOTION FOR REHEARING AND CLARIFICATION

PER CURIAM.

We grant Appellee's motion for rehearing and clarification, and substitute this opinion for the one issued February 4, 1992.

We find merit in only one of the issues presented: whether the subsequent employment of appellant's former defense counsel by the prosecution jeopardized appellant's right to a fair trial.

Appellant was initially represented by an attorney, a public defender, who...

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