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CHERUBIN v. STATE

No. 95-00630.

682 So.2d 173 (1996)

Lewis Jerome CHERUBIN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 4, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellee.

BY ORDER OF THE COURT:

Upon consideration of appellant's motion for rehearing and motion for rehearing en banc, it is

ORDERED that the motion for rehearing is granted. The opinion filed on June 19, 1996, is withdrawn, and the attached opinion is substituted therefor. The motion for rehearing en banc is denied.

QUINCE, Judge.

Lewis Jerome Cherubin challenges the judgments and sentences imposed after his conviction by a jury of aggravated assault...

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