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GRIFFIS v. STATE

No. 1D01-4664.

848 So.2d 422 (2003)

Brian Michael GRIFFIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 2, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.

REVISED OPINION ON MOTION FOR REHEARING OR REHEARING EN BANC

BROWNING, J.

We hereby withdraw our previously reported decision in Griffis v. State, 28 Fla. L. Weekly D945 (Fla. 1st DCA Apr.10, 2003), and substitute the following opinion. Following the death of his 4-month-old daughter from injuries consistent with "shaken baby" syndrome, Brian Michael Griffis (Appellant) was charged with second-degree murder by violent shaking, in violation...

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