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EVANS v. STATE

No. 1D03-2155.

880 So.2d 787 (2004)

Rodger Keith EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 19, 2004.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Janice G. Scott, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Charles J. Crist, Jr., Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

PER CURIAM.

We affirm both issues on appeal. As to the first issue, the jury instructions given in the instant case distinguish it from the case relied on by Appellant, State v. Estevez, 753 So.2d 1 (Fla.1999). As to the second issue, this argument has previously been rejected by this Court. See Pitts v. State, 855 So.2d 681 (Fla. 1st DCA 2003); State v. Franklin, ...

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