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STATE v. FREIJO

No. 3D07-1421.

987 So.2d 190 (2008)

The STATE of Florida, Appellant, v. Jose Antonio FREIJO, Appellee.

District Court of Appeal of Florida, Third District.

July 23, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Richard L. Polin, Assistant Attorney General; Katherine Fernandez Rundle, State Attorney, and Angelica D. Zayas, Assistant State Attorney, for appellant.

Robbins, Tunkey, Ross, Amsel, Raben & Waxman and Benjamin S. Waxman; Steven A. Goldstein, Miami, for appellee.

Before RAMIREZ, SUAREZ, and ROTHENBERG, JJ.

ON MOTION FOR REHEARING

ROTHENBERG, J.

Appellant, the State of Florida, seeks rehearing following the issuance of our opinion on October 17, 2007. We grant the motions and substitute this opinion in its place.1

The question before us, in this and other unrelated but pending cases, is whether the Florida Supreme Court's decision in State v. Green, 944 So.2d 208 (Fla.2006...

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