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STATE v. SZEMPRUCH

No. 2D05-1594.

935 So.2d 66 (2006)

STATE of Florida, Appellant, v. David Joseph SZEMPRUCH, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 2, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

Michael Schneider, Naples; and John S. Mills of Mills & Carlin, P.A., Jacksonville, for Appellee.

BY ORDER OF THE COURT.

Upon consideration of Appellee's motion for rehearing, rehearing en banc, or certification, the motion is granted to the extent that the opinion dated January 27, 2006, is hereby withdrawn and the attached opinion is substituted therefor. In all other respects, the motion is denied.

DAVIS, Judge.

The State challenges the trial court order granting David Joseph Szempruch's Florida Rule of Criminal Procedure 3.800(c) motion to...

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