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BURTON v. STATE

No. 3D16-1081.

237 So.3d 1138 (2018)

Thomas Garrard BURTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed January 24, 2018.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Marlon J. Weiss and Michael W. Mervine , Assistant Attorneys General, for appellee.

Before EMAS, LOGUE and LUCK, JJ.

We grant the state's unopposed motions to recall mandate and for rehearing,1 withdraw our prior opinion dated December 13, 2017, and substitute the following in its place:

Thomas Garrard Burton murdered Carlos Figueroa during a botched robbery. A jury convicted Burton of first degree murder, and he was...

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