Opinion
No. 1D03-5510.
December 29, 2005.
An appeal from an order of the Circuit Court for Duval County, Henry E. Davis, 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On the court's own motion, the opinion of September 29, 2004, is withdrawn in light of Therrien v. State, 914 So.2d 942 (Fla. 2005).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).
ALLEN, VAN NORTWICK and BROWNING, JJ., concur.