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CERKELLA v. STATE

No. 3D04-1079.

916 So.2d 41 (2005)

Olimpio CERKELLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 7, 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 Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, C.J., and FLETCHER and CORTIÑAS, JJ.

PER CURIAM.

We treat the pending appeal as a motion to enforce mandate and grant the motion.

Olimpio Cerkella was convicted of attempted first degree murder and possession of a firearm in the commission of the attempted murder. His convictions were affirmed on appeal in Cerkella v. State, 588 So.2d 1058 (Fla. 3d DCA 1991).

After affirming on the appellate issue presented, this court said:

While this...

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