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BEARD v. STATE

No. 3D02-2202.

884 So.2d 1008 (2004)

Johnny C. BEARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 6, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN, J., and BARKDULL, THOMAS, H., JR., Senior Judge.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing, withdraw our prior opinion filed on March 31, 2004, and substitute the following in its stead.

In August 2001, Officer Denise Bernhard detained Johnny Beard because he matched a description given in a citizen's complaint. Officer Bernhard asked Beard his name and where he was going. Beard gave several different names and claimed he had no identification. Beard's agitated...

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