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STATE v. SMITH

No. 3D15-1849.

206 So.3d 92 (2016)

The STATE of Florida, Appellant, v. Darrell SMITH, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 2016.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jonathan Tanoos , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Special Assistant Public Defender, and Oscar A. Quintero , Certified Legal Intern, for appellee.

Before ROTHENBERG, LAGOA, and LOGUE, JJ.

ON MOTION FOR REHEARING

We grant the State of Florida's motion for rehearing, withdraw our opinion dated July 27, 2016, and issue the following opinion in its stead.

The State appeals a decision labeled "Order Declaring Mistrial." Given the trial court did not issue its...

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