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DEMARCO v. STATE

No. 3D99-467.

761 So.2d 1230 (2000)

Joseph DEMARCO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 5, 2000.

Attorney(s) appearing for the Case

Howard Sohn, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.

Before GERSTEN, SHEVIN, and SORONDO, JJ.

ON MOTION FOR REHEARING

GERSTEN, J.

Upon consideration of the defendant's motion for rehearing, rehearing is granted. The opinion issued in this case on May 3, 2000 is withdrawn, and we reverse the order denying the defendant's motion to dismiss pursuant to State v. Kalogeropolous, 758 So.2d 110 (Fla.2000). The case is remanded with instructions to allow the State to file a legally sufficient traverse pursuant to...

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