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CARTER v. STATE

No. 1D03-1967.

879 So.2d 646 (2004)

Richard CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 24, 2004.

Attorney(s) appearing for the Case

Robert Augustus Harper and Michael Robert Ufferman of the Robert Augustus Harper Law Firm, P.A., Tallahassee, Attorneys for Appellant.

Charles J. Crist, Jr., Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

This cause is before us on Appellant's motion for rehearing. We grant the motion for rehearing and, accordingly, withdraw our former opinion of March 30, 2004, and substitute in its place this corrected opinion.

AFFIRMED. See Frazier v. State, 29 Fla. L. Weekly D369, ___ So.2d ___, 2004 WL 221043 (Fla. 1st DCA Feb.6, 2004); Therrien v. State, 859 So.2d 585

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