OZZIE ELBERT v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OZZIE ELBERT, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. Appellant, v. CASE NO. 1D01-3044 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed April 29, 2005. An appeal from the Circuit Court for Duval County. Henry E. Davis, Judge. Appellant, pro se. Charlie Crist, Attorney General, Tallahassee, for Appellee. On The Court s Own Motion We sua sponte withdraw the pre-mandate opinion in this case and substitute the following: PER CURIAM. AFFIRMED. See Bates v. State, 887 So. 2d 1214 (Fla. 2004). WEBSTER, VAN NORTWICK and PADOVANO, JJ., CONCUR.

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