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MARSHALL v. STATE

No. 1D01-4655.

891 So.2d 1094 (2004)

Warren MARSHALL, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied February 1, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee.

Charles J. Crist, Jr., Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee.

ON MOTION FOR REHEARING

VAN NORTWICK, J.

We withdraw our previous opinion in this cause issued May 4, 2004, and substitute the following therefor.

On June 18, 2003, this court relinquished jurisdiction in this appeal to allow the trial court to consider appellant's motion to correct his sentence. The record filed in an appeal designated by this court as case number 1D04-218, which was dismissed after the state's notice of appeal was designated...

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