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LIPSCOMB v. STATE

No. 89-213.

573 So.2d 429 (1991)

Sylvester LIPSCOMB, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 31, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

EN BANC

CORRECTED OPINION

ON MOTION FOR REHEARING OR CERTIFICATION

HARRIS, Judge.

Pursuant to the motion for rehearing filed by appellant, we withdraw our prior opinion in this cause dated September 6, 1990, and substitute the following:

Sylvester Lipscomb appeals his departure sentence entered after a nolo contendere plea to grand theft of a motor vehicle. The facts reveal that Lipscomb committed the crime on September 18, 1988 after being...

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