FLORIDA DEPARTMENT OF CORRECTIONS, v. ANTHONY SMITH

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FLORIDA DEPARTMENT OF CORRECTIONS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. Petitioner, CASE NO. 1D08-6205 v. ANTHONY SMITH, Respondent. _______________________________/ Opinion filed March 19, 2009. Petition for Writ of Certiorari -- Original Jurisdiction. Kathleen Von Hoene, General Counsel, Florida Department of Corrections, and Scott Shevenell, Assistant General Counsel, Tallahassee, for Petitioner. C. Dennis Roberts, Public Defender, Third Judicial Circuit, and Herbert W. Ellis, Assistant Public Defender, Lake City, for Respondent. PER CURIAM. Respondent s motion for remand is granted, the November 19, 2008, order of the circuit court is quashed, and this cause is remanded for further proceedings. ALLEN, VAN NORTWICK, and ROBERTS, JJ., CONCUR.

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