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STATE v. DORIAN

No. 91-1407.

619 So.2d 311 (1993)

The STATE of Florida, Appellant, v. Todd DORIAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., Janet Reno, State Atty., and Lisa Berlow-Lehner, Asst. State Atty., for appellant, cross-appellee.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee, cross-appellant.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY, GERSTEN and GODERICH, JJ.

ON MOTION FOR REHEARING EN BANC

FERGUSON, Judge.

On May 20, 1981, Todd Dorian was arrested for the murder by strangulation of George Litwin. A grand jury indicted him for first-degree murder and first-degree arson. The indictment was nolle prossed because of the State's inability to locate its witnesses. Six years later Dorian was arrested on unrelated robbery charges. In the belief that he could not be prosecuted...

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