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GULLEY v. STATE

No. 96-02564.

706 So.2d 110 (1998)

Marvin Dana GULLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 1998.

Attorney(s) appearing for the Case

John E. Swisher, St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Acting Chief Judge.

We affirm Marvin Gulley's conviction under section 316.1935(2), Florida Statutes (1995), for fleeing or attempting to elude a police officer, on the basis of State v. Barnes, 686 So.2d 633, 636 (Fla. 2d DCA 1996), review denied, 695 So.2d 698 (Fla.), cert. denied, ___ U.S. ___, 118 S.Ct. 257, 139 L.Ed.2d 184 (1997). We remand, however, to correct the credit for time served.

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