MACKLIN V. STATE

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Third District Court of Appeal State of Florida, July Term, A.D. 2013 Opinion filed October 16, 2013. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D13-2285 Lower Tribunal No. F95-39772C ________________ Jerdy Macklin, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge. Jerdy Macklin, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before SUAREZ, SALTER and EMAS, JJ. PER CURIAM. Affirmed. See Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012), reh g denied, 115 So. 3d 385 (Fla. 3d DCA 2013); Falcon v. State, 111 So. 3d 973 (Fla. 1st DCA 2013), review granted, No. SC13-865 (Fla. June 3, 2013).   SUAREZ and SALTER, JJ., concur.  Jerdy Macklin v. State, 3D13-2285 EMAS, J., dissenting. For the reasons expressed in my dissent to the denial of motion for rehearing en banc in Geter v. State, 115 So. 3d 385 (Fla. 3d DCA 2013), I respectfully dissent.

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