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PENNINGTON v. STATE

No. 5D11-1831.

100 So.3d 193 (2012)

Harley Travis PENNINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied October 26, 2012.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Colby Nicole Ferris , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Lori N. Hagan and Wesley Heidt , Assistant Attorneys General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

SAWAYA, J.

The State has filed a Motion for Rehearing. That motion is denied. We have, however, decided to clarify our opinion, so we withdraw the previously rendered opinion and substitute the following.

This case involves a fatal collision between a sport utility vehicle (SUV) and motorcycle that is so unusual, the State's accident reconstructionist said it could only happen in a Hollywood movie. As a result of this...

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