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FIELDING v. STATE

No. 5D13-2371.

147 So.3d 1080 (2014)

Thomas R. FIELDING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 26, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Robert E. Wildridge , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We reverse and remand this cause with instructions that the trial court conduct a trial pursuant to section 394.918(3) & (4), Florida Statutes (2013). Spivey v. State, 100 So.3d 1254, 1257 (Fla. 5th DCA 2012).

REVERSED AND REMANDED.

TORPY, C.J., ORFINGER and EVANDER...

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