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WILLIAMS v. STATE

No. 86-1181.

516 So.2d 975 (1987)

Ernest James WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 17, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING, REHEARING EN BANC AND/OR REQUEST FOR CERTIFICATION

COWART, Judge.

To maintain uniformity in this court's decisions, a majority of the judges of this court grant the defendant's motion for rehearing en banc, Florida Rule of Appellate Procedure 9.331(c), withdraw the prior opinion in this case, and concur in the following opinion.

Without any force or threat to the custodian, a thief...

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