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ARMSTRONG v. STATE

Nos. 88-2293, 88-2481.

566 So.2d 943 (1990)

James ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 20, 1990.

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 James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING EN BANC

W. SHARP, Judge.

We grant the state's motion for rehearing en banc. Accordingly, we vacate our prior opinion and issue in its place the following.

Armstrong brings two appeals: one challenging his conviction for second degree murder, committed while on probation;1 and the other questioning the trial court's revocation of that probation. We consolidate them for appeal purposes,

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