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LANIER v. STATE

No. 96-2631.

709 So.2d 112 (1998)

Ruel LANIER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 6, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Ray Taseff and Beth C. Weitzner, Assistant Public Defenders, for appellant.

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

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

PER CURIAM.

As we did in Jones v. State, 466 So.2d 301 (Fla. 3d DCA 1985)(en banc), approved, 485 So.2d 1283 (Fla.1986), we sua sponte consider this case en banc because the proposed majority panel opinion directly conflicted with several of our prior decisions concerning both (a) the role of the trial court in assessing the evidence before it in post-conviction proceedings...

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