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NOGUES v. STATE

No. 3D98-2227.

762 So.2d 967 (2000)

Noel NOGUES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 12, 2000.

Attorney(s) appearing for the Case

Sharpstein & Sharpstein and Janice Burton Sharpstein, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid and Angelica D. Zayas, Assistant Attorneys General, for appellee.

Before JORGENSON, GREEN, and SHEVIN, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

We grant the State's motion for rehearing, withdraw our prior opinion, and substitute the following opinion in its place.

Noel Nogues appeals from a conviction on one count of perjury. For the reasons that follow, we reverse.

Nogues, a former City of Miami police officer, was charged with making a false statement under oath. The statement was allegedly made during a formal investigation of...

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