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STATE v. CODY

No. 94-684.

650 So.2d 1030 (1995)

The STATE of Florida, Petitioner, v. Susan Eleanor CODY, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 22, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for petitioner.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Asst. Public Defender, for respondent.

Before COPE, GERSTEN and GODERICH, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

The decision previously issued in this case on July 12, 1994, is withdrawn, and this opinion is substituted in its place.

The State seeks reversal of the trial court's dismissal of a prosecution pursuant to section 948.08(6), Florida Statutes (1993). We treat the prior notice of appeal as a petition for certiorari, see State v. Pettis, 520 So.2d 250 (Fla. 1988)...

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