TORRES V. TORRES

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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., 2004 ** GARY LAMAR POLITE, ** Appellant, THE STATE OF FLORIDA, CASE NO. 3D03-2819 ** vs. ** LOWER TRIBUNAL NO. 02-37034 ** Appellee. Opinion filed August 11, 2004. An Appeal from the Circuit Court for Miami-Dade County, Kevin Emas, Judge. Gonzalez & Walsh, LLP., and Carlos F. Gonzalez, Special Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and GERSTEN, and WELLS, JJ. PER CURIAM. Affirmed. DCA 2000). See O Brien v. State, 771 So. 2d 563 (Fla. 4th

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