Opinion
Case No. 4D04-1457.
Opinion filed June 30, 2004.
Appeal of order denying rule 3.853 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Cheryl J. Aleman, Judge, L.T. Case No. 90-15497 CF10A.
David R. Gemmer, Tampa, for appellant.
No appearance required for appellee.
ON MOTION FOR REHEARING
We deny appellant's motion for certification, but grant his motion for rehearing, withdraw the prior opinion, and substitute the following in lieu thereof.
AFFIRMED. See Newberry v. State, 870 So.2d 926 (Fla. 4th DCA 2004).
GROSS, TAYLOR and HAZOURI, JJ., concur.