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MADDOX v. STATE

No. 89-782.

553 So.2d 1380 (1989)

Charles MADDOX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 28, 1989.

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 Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

ON PETITION FOR REHEARING

PER CURIAM.

In view of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989) which issued since our original opinion, we grant the petition for rehearing, reconsider this case, withdraw our opinion filed November 9, 1989 and substitute the following opinion:

The defendant appeals guidelines departure sentences imposed as to two offenses each a third degree felony involving possession of a controlled substance (Case No...

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