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STATE v. CLIFTON

No. 5D03-4110.

905 So.2d 172 (2005)

STATE of Florida, Appellant, v. Joseph Warren CLIFTON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellant.

Adam Pollack of Faulkner & Pollack, P.A., Orlando, for Appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

SAWAYA, C.J.

Appellant's Motion for Rehearing or Clarification is granted. The opinion dated February 11, 2005, is withdrawn to the extent that the last paragraph has been changed, and the opinion below is substituted therefore.

The State appeals the order dismissing the amended information charging Joseph Clifton with five counts of arson of a dwelling. The basis of the order of dismissal was the trial...

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