Nunez v. State

Full title: DIEGO O. NUNEZ, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 20, 2002

825 So. 2d 1087 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 5D01-2145

Opinion filed September 20, 2002

Appeal from the Circuit Court for Orange County, Maura T. Smith, Judge.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr. and Anthony J. Golden, Assistant Attorneys General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

COBB, J.

The state's Motion for Rehearing is granted. We withdraw our prior opinion and affirm the trial court. See § 893.135(1)(c)1.c., Fla. Stat. (1997).

AFFIRMED.

GRIFFIN and PALMER, JJ., concur.