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STATE v. INGLETON

No. 94-2584.

653 So.2d 443 (1995)

STATE of Florida, Petitioner, v. Edward Robert INGLETON, Respondent.

District Court of Appeal of Florida, Fifth District.

March 31, 1995.

Attorney(s) appearing for the Case

Norman R. Wolfinger, State Atty. and William G. Respess, Asst. State Atty., Melbourne, for petitioner.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for respondent.

ON MOTION FOR REHEARING

COBB, Judge.

The motion for rehearing is granted. The opinion filed in this case on February 10, 1995, is withdrawn and the following opinion is substituted.

The State of Florida seeks certiorari review of a non-final pretrial order granting the defendant's motion to preclude the state from proceeding on a drug overdose theory of prosecution under section 782.04(1)(a)3., Florida Statutes.

The defendant was indicted...

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