Carter v. State

879 So. 2d 646, 2004 Fla. App. LEXIS 8867, 2004 WL 1401264
District Court of Appeal of Florida·Decided June 24, 2004·No. No. 1D03-1967·Published·Cited by 1 cases

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

This cause is before us on Appellant’s motion for rehearing. We grant the motion for rehearing and, accordingly, withdraw our former opinion of March 30, 2004, and substitute in its place this corrected opinion.

AFFIRMED. See Frazier v. State, 29 Fla. L. Weekly D369, - So.2d -, 2004 WL 221043 (Fla. 1st DCA Feb.6, 2004); Therrien v. State, 859 So.2d 585 (Fla. 1st DCA 2003). We certify conflict with Espindola v. State, 855 So.2d 1281, 1290 (Fla. 3d DCA 2003).

BOOTH, POLSTON and HAWKES, JJ., concur.

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Carter v. State, 879 So. 2d 646, 2004 Fla. App. LEXIS 8867, 2004 WL 1401264 (Fla. Ct. App. 2004).

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