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AGATHEAS v. STATE

No. 4D06-4870.

28 So.3d 204 (2010)

Nicholas AGATHEAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 24, 2010.

Attorney(s) appearing for the Case

Richard L. Rosenbaum of Arnstein & Lehr, LLP, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND REHEARING EN BANC

DAMOORGIAN, J.

Nicholas Agatheas filed a Motion for Rehearing and Rehearing En Banc. We deny appellant's motions, withdraw our opinion of December 16, 2009, and substitute the following.

After being tried and convicted of first degree murder with a firearm, Nicholas Agatheas ("the defendant") appeals. We affirm.

On September 20, 2006, the defendant was arrested for murdering Thomas Villano...

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