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RODRIGUEZ v. STATE

No. 3D01-2332.

906 So.2d 1082 (2004)

Alberto RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 21, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.

Charlie J. Crist, Jr., Attorney General and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN, and SHEVIN, JJ.

ON MOTION FOR REHEARING/CLARIFICATION

GREEN, J.

We grant rehearing and clarification, withdraw our previous opinion dated July 23, 2003, and substitute this opinion in its stead.

The appellant, Alberto Rodriguez, proceeded to trial by jury on the charges of resisting arrest without violence, Count 1; aggravated fleeing, Count II; unlawful display of authorized indicia of law enforcement authority, Count III; and reckless driving, Count IV. He was...

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