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WILLIAMS v. STATE

No. 3D09-234.

47 So.3d 906 (2010)

Charles WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 2010.

Attorney(s) appearing for the Case

Charles Williams , in proper person.

Bill McCollum , Attorney General, and Richard L. Polin , Chief Assistant Attorney General, for appellee.

Before COPE and LAGOA, JJ., and SCHWARTZ, Senior Judge.

On Motion for Rehearing

COPE, J.

On consideration of the motion for rehearing and the memoranda filed by the State, the Public Defender, and the Florida Parole Commission, this court withdraws its previous opinion and substitutes the following opinion.

The question before us is whether Charles Williams is entitled to be resentenced for the offenses of aggravated assault and sale of cocaine on authority of Smith v. State, 

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