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FRANKLIN v. STATE

No. 97-1581.

718 So.2d 902 (1998)

James FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 18, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.

ANTOON, Judge.

ON MOTION FOR REHEARING

James Franklin filed a motion for clarification, rehearing, and rehearing en banc of our decision dated June 9, 1998 which affirmed without opinion his judgment and sentence for second-degree murder.1 We grant Mr. Franklin's motion for rehearing, affirm his judgment and sentence, but withdraw the June 9 decision and issue this opinion in its place.

On appeal, Mr. Franklin...

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