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 JULY TERM A.D., 2004 DORRELL L. SMITH, Appellant, ** ** vs. ** CASE NO. 3D04-1524 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 03-15527 Appellee. ** Opinion filed December 8, 2004. An Appeal from the Circuit Court for Miami-Dade County, Kevin Emas, Judge. Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Thomas Mielke, Assistant Attorney General, for appellee. Before GERSTEN, FLETCHER, and WELLS, JJ. PER CURIAM. Affirmed. See Turner v. State, 745 So. 2d 456 (Fla. 1999).

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