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STATE v. McEACHERN

No. 96-467.

700 So.2d 1 (1997)

STATE of Florida, Appellant, v. Michael Alan McEACHERN, Appellee.

District Court of Appeal of Florida, Fifth District.

January 31, 1997.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, and Dee R. Ball, Assistant Public Defender, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

COBB, Judge.

The appellee, Michael Alan McEachern, has filed a motion for rehearing en banc and/or certification. Upon further consideration, we sua sponte withdraw our opinion in this case under date of November 15, 1996, and substitute therefor the following:

The trial judge, following a nolo plea by McEachern to various charges, sentenced him to 44.25 months incarceration suspended upon successful completion...

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