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ASBELL v. STATE

No. 96-2926.

696 So.2d 857 (1997)

Michael ASBELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Granting Rehearing June 27, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

COBB, W. SHARP and GRIFFIN, JJ., concur.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing and affirm based on Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996), although we note Smith conflicts with White v. State, 689 So.2d 371 (Fla.1997).

AFFIRMED.

COBB, W. SHARP and GRIFFIN...

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