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NEAR v. STATE

No. 95-958.

678 So.2d 1 (1996)

Richard NEAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Remanding on Grant of Rehearing August 9, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH, GOSHORN and HARRIS, JJ., concur.

ON MOTION FOR REHEARING

PER CURIAM.

In his motion for rehearing, Near correctly points out that the State has conceded that the special condition of probation precluding him from associating with minors is overbroad. See Graham v. State, 658 So.2d 642 (Fla. 5th DCA 1995) (holding that special probation condition barring...

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