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JACKSON v. STATE

No. 1D06-1918.

956 So.2d 1248 (2007)

Randolph JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 25, 2007.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's request for rehearing, withdraw our previous opinion, and substitute the following.

Appellant raises two issues on appeal; we find one has merit. We determine, as conceded by the State, that in light of the Florida Supreme Court's decision in State v. Hearns, 32 Fla. L. Weekly S177, ___ So.2d ___, 2007 WL 1215452 (Fla. Apr. 26, 2007), the trial court erred in ruling that appellant...

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