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Swihart v. State
Citations: 721 So. 2d 810; 1998 Fla. App. LEXIS 15654; 1998 WL 853034Docket: No. 98-645
Court: District Court of Appeal of Florida; December 10, 1998; Florida; State Appellate Court
Appellants' motion for rehearing and certification of conflict is granted. The prior opinion is rescinded, and a new opinion is issued affirming the decision based on the precedent set in *State v. Baxley*, 684 So.2d 831 (Fla. 5th DCA 1996, rev. denied, 694 So.2d 737 (Fla. 1997)). Additional supporting cases include *State v. Hayes*, 23 Fla. L. Weekly D2184, 720 So.2d 1095 (Fla. 4th DCA 1998). The court certifies a conflict with *State v. Holland*, 689 So.2d 1268 (Fla. 1st DCA 1997) and *State v. Perry*, 716 So.2d 327 (Fla. 2d DCA 1998). Judges Goshorn and Thompson concur with the decision.