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KURECKA v. STATE

Nos. 4D08-2154, 4D08-3221.

67 So.3d 1052 (2010)

Charles KURECKA, Appellant, v. STATE of Florida, Appellee. State of Florida, Appellant, v. James J. Power, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 8, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Patrick B. Burke , Assistant Public Defender, West Palm Beach, for Appellant Charles Kurecka.

Bill McCollum , Attorney General, Tallahassee, and Celia A. Terenzio , Assistant Attorney General, West Palm Beach, for Appellee State of Florida (Case No. 4D08-2154).

Bill McCollum , Attorney General, Tallahassee, and Celia A. Terenzio , Assistant Attorney General, West Palm Beach, for Appellant State of Florida (Case No. 4D08-3221).

Ira D. Karmelin , West Palm Beach, for Appellee James J. Power.

ON MOTION FOR CLARIFICATION, REHEARING, REHEARING EN BANC AND CERTIFICATION

TAYLOR, J.

We deny appellee's motion for rehearing, rehearing en banc, and certification, but substitute the following opinion in place of our previously issued opinion, 35 Fla. L. Weekly D666 (Fla. 4th DCA Mar.24, 2010), to clarify the procedural history contained in the first paragraph of page one of the opinion.

These consolidated appeals present the same issue...

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