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HEARNS v. STATE

No. 3D02-3384.

912 So.2d 377 (2005)

Bill Monroe HEARNS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 12, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER, and RAMIREZ, JJ.

ON REHEARING GRANTED

FLETCHER, Judge.

Bill Monroe Hearns seeks rehearing from this court's January 22, 2003 opinion affirming denial of post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We grant rehearing, withdraw our previous opinion, and substitute the following.

In 2000, Hearns was convicted after jury trial of unlawful possession of a firearm by a three-time convicted felon. Before trial, pursuant to defense...

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