Swihart v. State

District Court of Appeal of Florida

Swihart v. State

721 So. 2d 810, 1998 Fla. App. LEXIS 15654, 1998 WL 853034

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1998

DocketNo. 98-645

StatusPublished

Cited by3 cases

This text of 721 So. 2d 810 (Swihart v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Swihart v. State, 721 So. 2d 810, 1998 Fla. App. LEXIS 15654, 1998 WL 853034 (Fla. Ct. App. 1998).

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Opinion

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION OF CONFLICT

COBB, Judge.

We grant appellants’ motion for rehearing and certification, rescind our prior opinion, and issue the following opinion:

We affirm on the authority of State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996), rev. denied, 694 So.2d 737 (Fla.1997). Accord State v. Hayes, 23 Fla. L. Weekly D2184, 720 So.2d 1095 (Fla. 4th DCA 1998). Contra State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998).

We certify conflict with Holland and Perry,

GOSHORN and THOMPSON, JJ., concur.

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