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STATE v. LINDSAY

No. 5D99-1793.

753 So.2d 705 (2000)

STATE of Florida, Appellant/Cross-Appellee, v. Jerry LINDSAY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 17, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Jane C. Almay-Loewinger, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.

ON MOTION FOR REHEARING

HARRIS, J.

We grant the Motion for Rehearing and substitute the following opinion.

In the initial opinion, we did not discuss defendant's cross-appeal relating to his search and seizure issue. Although the testimony at trial was conflicting, the court could have found the following: Lindsay had been staying at Day's Inn for several days, paying each day early in the morning. The manager of the motel, after check-out...

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