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SMITH v. STATE

No. 5D06-1389.

933 So.2d 689 (2006)

Brandon SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 21, 2006.

Attorney(s) appearing for the Case

Elaine A. Barbour, Orlando, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent.

ON MOTION FOR REHEARING

PALMER, J.

Brandon Smith (defendant) has filed a motion seeking rehearing of the opinion issued by this court on May 15, 2006. We grant the motion, withdraw our previous opinion, and substitute this opinion in its stead.

The defendant, who is charged with committing the crime of first-degree murder, petitions this court for a writ of habeas corpus or, in the alternative, a...

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