Opinion
CASE NO. 5D99-1643.
Opinion filed August 3, 2001.
Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.
James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
ON REMAND FROM THE SUPREME COURT
Pursuant to the mandate in Brooks v. State, 26 Fla. L. Weekly S385 (Fla. 2001), we reconsider our previous opinion, Brooks v. State, 753 So.2d 776 (Fla. 5th DCA 2000), in light of Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000); McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000), and reinstate Brooks' habitual offender enhancement sentence.