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RAY v. STATE

No. 4D02-3067.

849 So.2d 1222 (2003)

David RAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 30, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

STEVENSON, J.

On motion for rehearing or clarification, we withdraw our prior opinion and issue the following in its place.

The appellant, David Ray, was stopped for riding his bicycle at night without the proper lights. Subsequently, based on Ray's fidgety behavior, the deputy performed a weapons pat-down and retrieved crack cocaine rocks from Ray's pocket...

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