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GARCIA v. STATE

No. 3D09-1544.

75 So.3d 871 (2011)

Hector GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 21, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Bill McCollum , Attorney General, and Ansley B. Peacock , Assistant Attorney General, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

ON MOTION FOR REHEARING

SALTER, J.

Upon consideration of the State's motion for rehearing, we grant the motion in part and deny it in part. The opinion issued in this case on October 20, 2010, is hereby withdrawn and the following is substituted in its place.

Hector Garcia appeals his conviction and sentence for burglary of an unoccupied dwelling and felony theft. Finding that the trial court erred...

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