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SAWYER v. STATE

No. 4D01-403.

863 So.2d 1285 (2004)

David SAWYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 28, 2004.

Attorney(s) appearing for the Case

John J. Anastasio, Port St. Lucie, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing. The opinion of December 18, 2002 is withdrawn and we substitute the following opinion:

We reverse appellant's conviction as to Count II, felony driving while license permanently suspended pursuant to section 322.341, Florida Statutes. That section was adopted under chapter 98-223, Laws of Florida, and declared invalid in Florida Department of Highway Safety ...

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