Opinion
No. 4D04-4825.
June 1, 2005.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 04-673 CF10A.
Salvatore Bennett, Moore Haven, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING/MOTION TO CERTIFY CONFLICT
We deny appellant's motion for rehearing, but grant the motion to certify conflict. As to our reliance on Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2004), we again certify conflict with McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003).
POLEN, KLEIN and SHAHOOD, JJ., concur.