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686 So. 2d 679

State v. Rivera

District Court of Appeal of Florida

Decided December 20, 1996

District Court of Appeal of Florida · decided 1996-12-20

Relies on State v. Coatney

Decided 1996-12-20

PER CURIAM.

¶1ON MOTION FOR REHEARING

¶2We grant the state’s motion for rehearing and withdraw our earlier per curiam affir-mance.

¶3The state appeals the trial court’s decision to withhold adjudication of guilt on the defendant’s sentence for vehicular homicide. The defendant concedes that the trial court erred in withholding an adjudication of guilt. See § 316.656, Fla. Stat. (1995); State v. Coatney, 596 So.2d 499 (Fla. 1st DCA 1992). We *680reverse and remand to the trial court for the imposition of an adjudication of guilt.

¶4With regard to the issues raised in the defendant’s cross-appeal, we find no error and therefore, affirm.

¶5AFFIRMED in part; REVERSED in part; and REMANDED.

PETERSON, C.J., and HARRIS and ANTOON, JJ., concur.
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