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ASBELL v. STATE

District Court of Appeal of Florida, Fifth District.
Apr 29, 1997
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.