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CLARK v. MANNING

No. 98-2501.

721 So.2d 793 (1998)

Kenneth CLARK, Petitioner, v. Donald MANNING, Director, Dade County Department of Corrections, and The State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

December 9, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John Morrison, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for respondents.

ON MOTION FOR CLARIFICATION GRANTED

SORONDO, J.

We grant petitioner's motion for clarification, withdraw our previous opinion and substitute it with the following:

Upon the state's proper confession of error we grant the Petition for Writ of Habeas Corpus.

On July 2, 1998, a hearing was conducted in this case before a general master. The state was represented, the petitioner was not. The state began...

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