ROBERT BLAIR SCHARMEN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROBERT BLAIR SCHARMEN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-0214 STATE OF FLORIDA, Appellee. Opinion filed December 29, 2005. An appeal from an order of the Circuit Court for Okaloosa County. Thomas T. Remington, Judge. Nancy Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant. Charlie Crist, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. On the court s own motion, the opinion of March 1, 2004, is withdrawn in light of Therrien v. State, 30 Fla. L. Weekly S725 (Fla. Oct. 27, 2005). The following opinion is substituted therefor. AFFIRMED. Milks v. State, 894 So. 2d 924 (Fla. 2005). KAHN, C.J., ALLEN and POLSTON, JJ., concur.

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