Opinion
No. 1D03-1394.
December 28, 2005.
An appeal from an order of the Circuit Court for Okaloosa County, Thomas T. Remington, Judge.
Nancy Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.
Charlie Crist, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for appellee.
On the court's own motion, the opinion of January 23, 2004, is withdrawn in light of Therrien v. State, 914 So.2d 942 (Fla. 2005). The following opinion is substituted therefor.
AFFIRMED. Milks v. State, 894 So.2d 924 (Fla. 2005).
PADOVANO, BROWNING and THOMAS, JJ., concur.