Gray v. State

Full title: MICHAEL L. GRAY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 17, 1999

No. 98-1789 (Fla. Dist. Ct. App. Sep. 17, 1999)

Opinion

No. 98-1789.

Opinion filed September 17, 1999.

Appeal from the Circuit Court for Lake County, T. Michael Johnson, Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING AND/OR CERTIFICATION

SHARP, W., J.

We grant the motion for rehearing and/or certification. As we did in Moon v. State, 1999 WL 606464 (Fla. 5th DCA August 13, 1999), we certify conflict with State v. Wise, 24 Fla. Law Weekly D657 (Fla. 4th DCA March 10, 1999) and State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), rev. granted, Case No. 94,996 (Fla. June 11, 1999). We also certify the same question as one of great public importance as certified in Cook v. State, 1999 WL 587195 (Fla. 5th DCA August 6, 1999).

Motion for Rehearing and/or Certification GRANTED.

DAUKSCH and THOMPSON, JJ., concur.