Perchitti v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JAMES LARRY PERCHITTI, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed January 20, 2006. Appeal from the Circuit Court for Charlotte County; J. Frank Porter and Isaac Anderson, Jr., Judges. Pine Scott Price, Punta Gorda, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Affirmed. SALCINES, and VILLANTI, JJ., Concur. CASANUEVA, J., Concurs specially. Case No. 2D05-331 CASANUEVA, Judge, Concurring. Because I conclude that this case is controlled by State v. Baez, 894 So. 2d 115 (Fla. 2004), I concur. -2-

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