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STATE v. HEIDRICK

Nos. 96-715, 96-639.

707 So.2d 1165 (1998)

The STATE of Florida, Petitioner, v. Michael John HEIDRICK, Respondent. The STATE of Florida, Petitioner, v. Serafin ORTIZ, Respondent.

District Court of Appeal of Florida, Third District.

March 4, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Michael J. Neimand and Keith S. Kromash, Assistant Attorneys General; Katherine Fernandez-Rundle, State Attorney, and Anita J. Gay, Assistant State Attorney, for petitioner.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for respondents.

Peter P. Sleasman, Gainesville, for Southern Legal Counsel, Inc. as amicus curiae.

Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GODERICH, FLETCHER, SHEVIN and SORONDO, JJ.

ON MOTION FOR REHEARING EN BANC

GODERICH, Judge.

We grant the State of Florida's motion for rehearing en banc and substitute the clerk's order filed on November 13, 1996, with the following opinion.

Through these petitions for writ of mandamus, the State of Florida seeks review of two circuit court orders finding that the circuit court did not retain jurisdiction to decide whether the respondents, Michael John Heidrick and Serafin Ortiz, continued...

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