SMITH V. STATE

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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 JANUARY TERM, A.D. 2004 RICO A. SMITH, etc. Appellant, ** ** vs. ** CASE NO. 3D03-1148 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NOS. 02-03213 02-03451 Appellee. ** Opinion filed March 24, 2004. An Appeal from the Circuit Court for Dade County, Scott Silverman, Judge. Clayton R. Kaeiser, for appellant. Charles J. Crist, Jr., Attorney General and Douglas J. Glaid, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and SHEPHERD, JJ. PER CURIAM. Affirmed. See Brannon v. State, 850 So. 2d 452 (Fla. 2003); cf. Moore v. State, 859 So. 2d 613 (Fla. 1st DCA 2003).

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