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OWENS v. STATE

No. 5D03-672.

866 So.2d 129 (2004)

Anthony Mehemiah OWENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING AND REQUEST FOR WRITTEN OPINION

GRIFFIN, J.

Appellant, Anthony Mehemiah Owens ["Owens"], has filed a motion for a written opinion or for rehearing of this court's per curiam affirmance of the denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel. We grant the motion, withdraw our prior decision and issue the following opinion.

Owens was convicted of burglary of an occupied...

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