Puglisi v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 VINCENT J. PUGLISI, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-3056 [March 30, 2011] ON MOTION FOR REHEARING AND SUGGESTION OF CERTIFICATION OF CONFLICT PER CURIAM. We deny appellant s motion for rehearing, but we grant his motion for certification of conflict. To the extent our slip opinion, Puglisi v. State, No. 4D08-3056, 2010 WL 5173843 (Fla. 4th DCA Dec. 22, 2010), conflicts with the opinion of the Fifth District Court of Appeal in Cain v. State, 565 So. 2d 875 (Fla. 5th DCA 1990), we certify conflict to the Supreme Court of Florida. WARNER and POLEN, JJ., concur.1 * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 06CF001968BMB. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant (withdrawn as counsel after filing brief). Judge Farmer could not participate in the rehearing due to his retirement; the chief judge approved the issuance of this opinion with the concurrence of two judges. 1 Pamela J o Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. -2-

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