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HOWINGTON v. STATE

No. 97-1927.

700 So.2d 86 (1997)

James C. HOWINGTON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

September 26, 1997.

Attorney(s) appearing for the Case

James C. Howington, Clermont, pro se.

No Appearance for respondent.

ON MOTION FOR REHEARING

HARRIS, Judge.

We grant rehearing on the motion filed by the State and withdraw our previous opinion. It appears that the trial court, in fact, ruled on Howington's motion for post conviction relief prior to the issuance of our opinion.

Thus the petition became moot and is, therefore,

DISMISSED.

W. SHARP and PETERSON...

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