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RUSSO v. STATE

No. 4D00-2168.

814 So.2d 463 (2001)

Robert Joseph RUSSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.

ON MOTION FOR REHEARING EN BANC

KLEIN, J.

The state has moved for en banc rehearing, arguing that this opinion conflicts with another recent opinion of this court, Sanders v. State, 795 So.2d 223 (Fla. 4th DCA 2001). In Sanders this court held that where a defendant pointed a gun at his ex-wife and another person and, during a physical altercation with his ex-wife moments later, pointed the gun at...

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