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KIPP v. STATE

No. 94-00091.

703 So.2d 1121 (1997)

Brian Walter KIPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 12, 1997.

Attorney(s) appearing for the Case

A.R. Mander, III, of Greenfelder, Mander, Hanson, Murphy & Dwyer, Dade City, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Pursuant to the mandate of the Supreme Court of Florida issued in this cause on September 11, 1997, the opinion of this court filed January 19, 1996, Kipp v. State, 668 So.2d 214 (Fla. 2d DCA 1996), is withdrawn. In accord with the Supreme Court's opinion, we have reviewed the record and determined that Kipp's invocation of his right to remain silent was equivocal. Thus, under State v. Owen,

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