MACK ALLEN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MACK ALLEN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D02-1791 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 17, 2003. An appeal from an order of the Circuit Court for Gadsden County. Terry P. Lewis, Judge. Nancy A. Daniels, Public Defender; James C. Banks, Special Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. AFFIRMED. See Charleston v. State, 852 So. 2d 348, 349 (Fla. 1st DCA 2003) (citing Gibson v. State, 721 So. 2d 363 (Fla. 2d DCA 1998)). WOLF, C.J., LEWIS and POLSTON, JJ., CONCUR.

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