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DEVLIN v. STATE

No. 5D99-3505.

766 So.2d 490 (2000)

Dennis B. DEVLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 22, 2000.

Attorney(s) appearing for the Case

Edward J. Culhan, Winter Park, and Richard I. Wallsh, of Chartered Law Office of Troum & Wallsh, Winter Park, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

ON MOTION FOR REHEARING

Devlin has asked for rehearing and clarification of our recent per curiam affirmed opinion. Because he makes a good argument that his issue deserves a written opinion, we grant rehearing and issue the following opinion.

In 1995, Devlin was convicted of one count of a multi-count information charging lewd and lascivious assaults upon a child. Devlin subsequently sought postconviction relief claiming that the...

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