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WARD v. STATE

No. 3D05-685.

11 So.3d 459 (2009)

James Russell WARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 17, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Michael E. Hantman and Paulette R. Taylor, Assistant Attorneys General, for appellee.

Before COPE and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

SHEPHERD, J.

We consider on remand our opinion in Ward v. State, 965 So.2d 308 (Fla. 3d DCA 2007), which the Florida Supreme Court quashed following its decision in Ward v. State, 7 So.3d 520 (Fla.2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So.2d 952

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