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SMITH v. STATE

No. 3D03-1359.

873 So.2d 585 (2004)

Martin SMITH, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

May 26, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for respondent.

Before GERSTEN, SHEVIN, and RAMIREZ, JJ.

ON MOTION FOR REHEARING DENIED

RAMIREZ, J.

We deny the motion for rehearing, rehearing en banc and certification filed by the respondent State of Florida. Nevertheless, we withdraw our January 14, 2004 opinion and substitute the following opinion, which more fully explains our reasons for granting certiorari review.

In this criminal prosecution, the petitioner, Martin Smith, seeks a writ of certiorari to review a discovery order compelling...

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