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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)

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

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.