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FLYNN v. STATE

No. 4D11-3589.

119 So.3d 468 (2013)

James B. FLYNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 19, 2013.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Anthony Calvello , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and James J. Carney , Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the state's motion for rehearing and deny its motion for rehearing en banc. We substitute the following for the slip opinion issued on April 3, 2013.

Once jeopardy attaches, a trial court is prohibited from imposing a greater penalty on a defendant than he or she initially received. If furlough conditions are announced and agreed to by the defendant after the initial pronouncement of sentence, a...

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