Opinion
No. 91-3350.
October 14, 1992.
Appeal from the Circuit Court for Indian River County; L.B. Vocelle, Judge.
Richard L. Jorandby, Public Defender, and Debra Moses Stephens, Asst. Public Defender, West Palm Beach, for appellant J.B., a child.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee State of Fla.
ON MOTION FOR REHEARING
We grant the motion for rehearing. The state, which earlier conceded error in this matter, now points out that the defendant was charged by indictment with a life felony. Under section 39.022(5)(c)3, Florida Statutes (1991), the defendant must be tried as an adult. Accordingly, we withdraw our earlier opinion dated September 2, 1992, and in its place, affirm the judgment and sentence.
LETTS, WARNER and FARMER, JJ., concur.