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BERTKE v. STATE

No. 5D06-1347.

8 So.3d 442 (2009)

Richard Arthur BERTKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 12, 2009.

Attorney(s) appearing for the Case

Jill S. Barger, St. Augustine, for Appellant.

Richard Arthur Bertke, Lowell, pro se.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

This case was remanded by the Florida Supreme Court to this court for reconsideration of our prior opinion, Bertke v. State, 949 So.2d 1118 (Fla. 5th DCA 2007), in light of the supreme court's holding in Martinez v. State, 981 So.2d 449 (Fla. 2008). Bertke v. State,

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