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CARLSON v. STATE

No. 5D01-3089.

874 So.2d 24 (2004)

Joseph CARLSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 30, 2004.

Attorney(s) appearing for the Case

C. Michael Barnette, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING EN BANC

PER CURIAM.

The motion for rehearing en banc filed by Joseph Carlson is hereby granted. We withdraw our previously issued opinion and substitute the following in its place.

For the reasons explained in Jones v. State, 872 So.2d 938 (Fla. 5th DCA 2004), we reverse the sentence and remand to the trial court to strike the minimum mandatory provision improperly included...

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