Salvatore Bennett v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 SALVATORE BENNETT , Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-4825 [June 1, 2005] ON MOTION FOR REHEARING/ MOTION TO CERTIFY CONFLICT PER CURIAM. We deny appellant’s motion for rehearing, but grant the motion to certify conflict. As to our reliance on Richardson v. State , 884 So. 2d 950 (Fla. 4th DCA 2004), we again certify conflict with McCall v. State , 862 So. 2d 907 (Fla. 2d DCA 2003). POLEN , K LEIN and SHAHOOD, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 04-673 CF10A. Salvatore Bennett, Moore Haven, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

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