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GOOLSBY v. STATE

No. 5D06-3462.

948 So.2d 965 (2007)

Phillip A. GOOLSBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 16, 2007.

Attorney(s) appearing for the Case

Phillip A. Goolsby, DeFuniak, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant Mr. Goolsby's motion for rehearing, and withdraw our earlier per curiam affirmance and the mandate.1 In place of our earlier opinion, we substitute the following:

In Goolsby v. State, 914 So.2d 494 (Fla. 5th DCA 2005), we directed the circuit court to reconsider de novo Goolsby's motion for postconviction relief, as the evidentiary...

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