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SMITH v. STATE
District Court of Appeal of Florida, Fourth District.
Jul 3, 1996
ON MOTION FOR REHEARING
PER CURIAM.
This court withdraws its per curiam affirmance of May 15, 1996 and substitutes the following opinion.
The court affirms the conviction of defendant, but strikes that portion of the final judgment which assesses prospective appellate costs. See Davis v. State, 641 So.2d 972 (Fla. 4th DCA 1994).
KLEIN, PARIENTE and GROSS, JJ., concur.
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