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STATE v. OJEDA

No. 97-3052.

712 So.2d 480 (1998)

The STATE of Florida, Appellant, v. Edel OJEDA, Appellee.

District Court of Appeal of Florida, Third District.

July 8, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for appellant.

Michael B. Holden, Ft.Lauderdale, for appellee.

Before SCHWARTZ, C.J., LEVY, J., and DAUKSCH, Associate Judge.

PER CURIAM.

At the time of the order granting Appellee's writ of error coram nobis, the trial judge did not have the benefit of Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998)(en banc). Under the authority of Peart, we reverse.

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