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ASBELL v. STATE

No. 99-207.

747 So.2d 472 (1999)

Michael Antonio ASBELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1999.

Attorney(s) appearing for the Case

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 appellant's motion for rehearing and reverse for resentencing in conformity with Gamble v. State, 723 So.2d 905 (Fla. 5th DCA 1999). See Benedit v. State, 610 So.2d 699 (Fla. 3d DCA 1992). We note that the trial court did not have the benefit of Gamble when sentencing appellant.

REVERSED AND REMANDED FOR RESENTENCING...

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