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LYKINS v. STATE

No. 3D03-1155.

894 So.2d 302 (2005)

Robert A. LYKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, RAMIREZ, and WELLS, JJ.

ON REHEARING GRANTED

WELLS, Judge.

This cause is before us on the State's motion for rehearing en banc which we treat as including a motion for rehearing. See Romero v. State, 870 So.2d 816, 818 (Fla.2004). We deny the motion for rehearing en banc, but grant rehearing, withdraw the opinion issued on April 7, 2004, and substitute the following.

We agree with defendant's contention, and the State's concession...

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