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BURGESS v. STATE

No. 2D14-4680.

198 So.3d 1151 (2016)

Donald BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 2, 2016.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Amanda V. Isaacs , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Johnny T. Salgado , Assistant Attorney General, Tampa, for Appellee.

BY ORDER OF THE COURT:

Upon consideration of the motion for rehearing of July 6, 2016, decision filed by Appellee on July 18, 2016,

IT IS ORDERED that the motion is granted. Accordingly, the opinion dated July 6, 2016, is withdrawn, and the attached opinion, which further certifies conflict with Newton v. State, 898 So.2d 1133, 1134 (Fla. 4th DCA 2005), and State v. Bletcher, 763 So.2d 1277...

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