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APONTE v. STATE

No. 5D02-1858.

855 So.2d 148 (2003)

Alexander APONTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 30, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Patrick V. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

The State of Florida has moved for rehearing arguing that the cocaine found in a cigarette box in Alexander Aponte's shirt pocket should not be suppressed pursuant to Florida v. Jimeno, 500 U.S. 248, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991). The State further asserts that we erroneously relied upon R.R. v. State, 715 So.2d 1062 (Fla. 5th DCA...

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