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BRYAN v. STATE

No. 5D02-1383.

908 So.2d 584 (2005)

Comer H. BRYAN, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 12, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

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

UPON REMAND FROM THE FLORIDA SUPREME COURT

THOMPSON, J.

The Florida Supreme Court quashed our decision in Bryan v. State, 862 So.2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So.2d 120 (Fla.2005). The supreme court's rationale for its decision is explained in Thompson v. State, 887 So.2d 1260

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