Opinion
No. 92-2775.
May 11, 1994.
Appeal from the Circuit Court for Broward County; Robert Fogan, Judge.
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
ON MOTION FOR REHEARING
We withdraw our opinion of April 28, 1993, and substitute the following:
Appellant's conviction and sentence are reversed on the authority of Metcalf v. State, 635 So.2d 11 (Fla. 1994). On remand, Appellant is to be discharged.
STONE, POLEN and KLEIN, JJ., concur.