MCINTOSH V. STATE

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Third District Court of Appeal State of Florida, July Term, A.D. 2013 Opinion filed November 6, 2013. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D13-2552 Lower Tribunal No. 99-35158 ________________ Barry McIntosh, 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, Thomas J. Rebull, Judge. Barry McIntosh, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, EMAS and FERNANDEZ , JJ. PER CURIAM. Affirmed. Geter v. State, 115 So. 3d 375, 385 (Fla. 3d DCA 2012). WELLS and FERNANDEZ, concur. Barry McInstosh v. State of Florida 3D13-2552 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. 2

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