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DIAZ v. STATE

No. 92-3022.

627 So.2d 125 (1993)

Israel DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING

COBB, Judge.

The state has filed a motion for rehearing. Upon reconsideration, we vacate the opinion previously filed herein on September 24, 1993, and substitute the following opinion therefore:

The appellant, Diaz, was arrested on January 13, 1992 and charged with grand theft of the third degree. On February 11, 1992, a no information was filed. On May 12, 1992 (120 days after arrest), an information for the same charge...

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