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GILBERT v. STATE

No. 4D04-4635.

910 So.2d 319 (2005)

Kenneth R. GILBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 7, 2005.

Attorney(s) appearing for the Case

Kenneth R. Gilbert, Miami, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the state's motion for rehearing, but withdraw our opinion of June 22, 2005, and substitute the following one:

Kevin R. Gilbert appeals the order summarily denying the fourth ground of his rule 3.850 motion for post-conviction relief and the order denying his motion for rehearing. We reverse.

Previously, this court reversed in part the trial court...

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