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POLITE v. STATE

No. 5D08-3921.

118 So.3d 284 (2013)

Darius Jamine POLITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 13, 2013.

Attorney(s) appearing for the Case

William R. Ponall and Warren W. Lindsey , of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: 2013 WL 2436218.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010).

Based on Polite v. State, 116 So.3d 270 (Fla.2013), we reverse Polite's convictions and sentences for burglary of a dwelling with an assault or battery...

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