
    James CLARK, Appellant, v. STATE of Florida, Appellee.
    No. EE-221.
    District Court of Appeal of Florida, First District.
    July 11, 1977.
    On Rehearing Dec. 21, 1977.
    Michael Minerva, Public Defender, for appellant.
    Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appel-lee.
   PER CURIAM.

Affirmed. Williams v. State, 110 So.2d 654 (Fla.1959); Wilson v. State, 304 So.2d 119 (Fla.1974); Bunch v. State, 303 So.2d 705 (Fla. 1 DCA 1974), cert. den., 314 So.2d 778 (Fla.1975), and Earnest v. State, 342 So.2d 1024 (Fla. 1 DCA 1977).

McCORD, C. J., and RAWLS and SMITH, JJ., concur.

ON PETITION FOR REHEARING GRANTED

PER CURIAM.

On petition for rehearing, appellant’s sentence is vacated, and this cause is remanded to the trial court for an appropriate sentence in accordance with the opinion of the Supreme Court filed August 31, 1977, in Earnest v. State, 351 So.2d 957.

McCORD, C. J., and RAWLS and SMITH, JJ., concur.  