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DEREN v. STATE

No. 4D06-2039.

15 So.3d 723 (2009)

David M. DEREN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 2009.

Attorney(s) appearing for the Case

Paul Morris of Law Offices of Paul Morris, P.A., Miami, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

In Deren v. State, 962 So.2d 385 (Fla. 4th DCA 2007), we rejected appellant's claim of a Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), violation because appellant could have obtained the withheld evidence himself with reasonable diligence. For this holding, we relied upon Melendez v. State...

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