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ORANGE v. STATE

No. 3D04-1877.

983 So.2d 4 (2007)

Rudolph ORANGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied June 14, 2008.

Attorney(s) appearing for the Case

Rudolph Orange, in proper person.

Bill McCullom, Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before COPE, C.J., GERSTEN and RAMIREZ, JJ.

Rehearing and Rehearing En Banc Denied June 14, 2008.

PER CURIAM.

ON MOTION FOR REHEARING GRANTED

Upon further review, we grant the defendant, Rudolph Orange's, ("the defendant"), motion to recall mandate and motion for rehearing. We withdraw our opinion dated September 22, 2004 and substitute the following:

The defendant appeals the trial court's denial of his motion for rehearing of the denial of his Florida Rule of Criminal Procedure 3...

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