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MILLER v. STATE

No. 94-1455.

661 So.2d 353 (1995)

Ovid MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 5, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PARIENTE, Judge.

The state seeks rehearing of our opinion of April 12, 1995, wherein we reversed the judgment based on our determination that the revocation of probation was based solely on hearsay. In its motion for rehearing, the state points to testimony in the record which it contends does not constitute hearsay. Upon consideration of the State's motion for rehearing and our review of the record, we grant rehearing, withdraw...

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