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Asbell v. State

District Court of Appeal of Florida, Fifth District
Apr 29, 1997
696 So. 2d 857 (Fla. Dist. Ct. App. 1997)
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Summary

In Asbell, the defendant was convicted of attempted first-degree murder and possession of a firearm by a convicted felon.

Summary of this case from Asbell v. State
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Opinion

Case No. 96-2926

Opinion filed April 29, 1997. Order Granting Rehearing June 27, 1997.

Appeal from the Circuit Court for Putnam County, Stephen L. Boyles, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing and affirm based on Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996), although we note Smith conflicts with White v. State, 22 F.L.W. D485 (Fla. Feb. 21, 1997).

AFFIRMED.

COBB, SHARP, W., and GRIFFIN, JJ., concur.

Summaries of

Asbell v. State

District Court of Appeal of Florida, Fifth District
Apr 29, 1997
696 So. 2d 857 (Fla. Dist. Ct. App. 1997)

In Asbell, the defendant was convicted of attempted first-degree murder and possession of a firearm by a convicted felon.

Summary of this case from Asbell v. State
Case details for

Asbell v. State

Case Details

Full title:MICHAEL ASBELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 29, 1997

Citations

696 So. 2d 857 (Fla. Dist. Ct. App. 1997)

Citing Cases

Asbell v. State

PER CURIAM. We have for review Asbell v. State, 696 So.2d 857 (Fla. 5th DCA 1997), based on conflict with the…

1 Citing Cases