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TISDOL v. STATE

No. SC00-115.

794 So.2d 576 (2001)

Byron TISDOL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 5, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Michael J. Neimand, Division Chief, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, FL, for Respondent.

ON REHEARING GRANTED

PER CURIAM.

Upon consideration of petitioner's motion, rehearing is granted. The opinion issued in this case on September 21, 2000, is withdrawn and the following opinion is substituted in its place.

We have for review Tisdol v. State, 747 So.2d 428 (Fla. 3d DCA 1999), which cited to Cargle v. State, 701 So.2d 359 (Fla. 1st DCA 1997)...

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