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DAVIS v. STATE

No. 90-1157.

576 So.2d 741 (1991)

Lester DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing and Certification March 28, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED. See Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989).

W. SHARP and GRIFFIN, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

See the dissent in Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990).

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION

We grant appellant's motion...

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