Thomas R. Fielding v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED THOMAS R. FIELDING, Appellant, v. Case No. 5D13-2371 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 26, 2014 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We reverse and remand this cause with instructions that the trial court conduct a trial pursuant to section 394.918(3) & (4), Florida Statutes (2013). Spivey v. State, 100 So. 3d 1254, 1257 (Fla. 5th DCA 2012). REVERSED AND REMANDED. TORPY, C.J., ORFINGER and EVANDER, JJ., concur.

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