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Joseph DEMARCO v. The STATE of Florida
Opinions in this case
- Majority — Gersten
- Concurrence — Sorondo
ON MOTION FOR REHEARING
GERSTEN, J.
Upon consideration of the defendant’s motion for rehearing, rehearing is granted. The opinion issued in this case on May 3, 2000 is withdrawn, and we reverse the order denying the defendant’s motion to dismiss pursuant to State v. Kalogeropolous, 758 So.2d 110 (Fla.2000). The case is remanded with instructions to allow the State to file a legally sufficient traverse pursuant to the new case law.
Reversed and remanded with instructions.
SHEVIN, J., concurs.