STATE V. FAHNER

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 THE STATE OF FLORIDA, ** Petitioner, ** vs. ** CASE NO. 3D00-2574 ** JOANNE FAHNER, Respondent. ** LOWER TRIBUNAL NO. 98-13012 Opinion filed September 4, 2002. A Writ of certiorari to the Circuit Court for Dade County, Thomas Spencer, Sr., Judge. Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for petitioner. Bennett H. Brummer, Public Defender, and Bruce Rosenthal, Assistant Public Defender, for respondent. Before SCHWARTZ, C.J., and COPE and SORONDO, JJ. PER CURIAM. This case is before us on remand from the Florida Supreme Court for reconsideration in light of State v. Johnson, 814 So. 2d 390 (Fla. 2002). Upon reconsideration, this court vacates its earlier opinion, State v. Fahner, 794 So. 2d 712 (Fla. 3d DCA 2001), and remands this cause to the circuit court with directions to remand it to the county court for a hearing under Johnson. 2

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