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CORLEY v. STATE

No. 3D07-965.

44 So.3d 109 (2009)

Earl CORLEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 15, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, Harvey J. Sepler and Thomas Regnier , Assistant Public Defenders, and Valerie Vicente , Certified Legal Intern, for appellant.

Bill McCollum , Attorney General, and Lunar C. Alvey , Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and COPE, GERSTEN, WELLS, SHEPHERD, SUAREZ, CORTIÑAS, ROTHENBERG, LAGOA, and SALTER, JJ.

ON HEARING EN BANC

SHEPHERD, J.

As we have done in prior cases, see, e.g., Lanier v. State, 709 So.2d 112 (Fla. 3d DCA 1998); Guerrero v. Fonte, 507 So.2d 620 (Fla. 3d DCA 1987), we sua sponte consider this case en banc because the proposed panel opinion directly conflicts with our recent decision in Arroliga v. State, 928 So.2d 519...

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