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CARTER v. STATE

No. 88-911.

552 So.2d 203 (1989)

John Andrew CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender; Maria Ines Suber, Kathleen Stover, Asst. Public Defenders, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen.; John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

ON MOTION FOR REHEARING

SHIVERS, Judge.

Appellant's Motion for Rehearing is granted in part. The opinion dated April 14, 1989 is withdrawn and the following opinion is substituted therefor.

Appellant John Andrew Carter was sentenced in 1985 to five years incarceration followed by ten years probation on a charge of lewd and lascivious assault. Shortly after being released from incarceration in December 1987 due to gain-time, appellant was charged...

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