MICHAEL CRAIG BANKS v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL CRAIG BANKS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-5531 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 On the court s own motion, the opinion of August 24, 2004, is withdrawn in light of Therrien v. State, 30 Fla.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., ERVIN and THOMAS, JJ., concur.

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