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LEWIS v. STATE

No. 4D00-4661.

817 So.2d 933 (2002)

James Thomas LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

The motion for rehearing is denied. We withdraw our former opinion and substitute the following.

James Lewis was convicted of felony battery in violation of section 784.041 of the Florida Statutes (1999). At trial, the victim's testimony established that Lewis had been drinking and smoking crack for a substantial amount of time before the two began arguing. She left when he asked, but returned some time...

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