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Florida District Courts of Appeal, 1998

Swihart v. State

Swihart v. State
Florida District Courts of Appeal · Decided December 11, 1998 · Cobb, Goshorn, Thompson
721 So. 2d 810; 1998 Fla. App. LEXIS 15654; 1998 WL 853034 (Southern Reporter, Second Series)

Swihart v. State

Opinion of the Court

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION OF CONFLICT

COBB, Judge.

We grant appellants’ motion for rehearing and certification, rescind our prior opinion, and issue the following opinion:

We affirm on the authority of State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996), rev. denied, 694 So.2d 737 (Fla. 1997). Accord State v. Hayes, 23 Fla. L. Weekly D2184, 720 So.2d 1095 (Fla. 4th DCA 1998). Contra State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998).

We certify conflict with Holland and Perry,

GOSHORN and THOMPSON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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