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PRUETT v. STATE

No. 98-1142.

731 So.2d 113 (1999)

Max Michael PRUETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 16, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Laura Fullerton Lopez, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING AND CLARIFICATION

PER CURIAM.

The State seeks rehearing and clarification of our opinion in Pruett v. State, 24 Fla. L. Weekly D508 (Fla. 1st DCA Feb.15, 1999), reversing the simple battery conviction and sentence and remanding for resentencing. We withdraw the prior opinion issued in this cause, deny the motion for rehearing, but grant the motion for clarification by entering...

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