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JOHNSON v. STATE

No. 86-1502.

511 So.2d 748 (1987)

Timothy Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 27, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING OR FOR CLARIFICATION

COBB, Judge.

Appellant's Motion for Rehearing is granted, the prior opinion of this court issued on July 2, 1987, is hereby vacated and the following opinion is issued in its place.

After being adjudicated guilty of aggravated assault, Johnson was sentenced pursuant to the guidelines. Johnson's score placed his presumptive sentence within the second cell which reads "community control or twelve-thirty...

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