JOHN WESLEY THADEN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN WESLEY THADEN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-3341 STATE OF FLORIDA, Appellee. Opinion filed January 6, 2006. An appeal from an order of the Duval County Circuit Court. Karen K. Cole, 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 On the court’s own motion, the opinion of May 28, 2004, is withdrawn in light of Therrien v. State, 30 Fla. L. Weekly S725 (Fla. October. 27, 2005). The following opinion is substituted therefor. AFFIRMED. Milks v. State, 894 So. 2d 924 (Fla. 2005). ERVIN, WOLF and VAN NORTWICK, JJ., concur.

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