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MARTIN SMITH, Petitioner, v. THE STATE OF FLORIDA, Respondent.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The Opinion filed in this cause on March 19, 2001, is hereby vacated and the following is substituted in its stead.

The Petition for Writ of Certiorari is denied.

LEVY and GREEN, JJ., concur.

RAMIREZ, J., dissents.

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SMITH v. STATE
(May 22, 2002)