Asbell v. State, 96-2926

Decision Date29 April 1997
Docket NumberNo. 96-2926,96-2926
Citation696 So.2d 857
Parties22 Fla. L. Weekly D1542 Michael ASBELL, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

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.

PER CURIAM.

AFFIRMED.

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

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, 689 So.2d 371 (Fla.1997).

AFFIRMED.

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

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2 cases
  • Asbell v. State
    • United States
    • Florida Supreme Court
    • July 16, 1998
    ...and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. We have for review Asbell v. State, 696 So.2d 857 (Fla. 5th DCA 1997), based on conflict with the opinion in White v. State, 689 So.2d 371 (Fla. 4th DCA 1997), quashed, 714 So.2d 440 (Fla.1998), con......
  • Asbell v. State
    • United States
    • Florida Supreme Court
    • October 20, 1997

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