Opinion
No. 97-2923
August 7, 1998
Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
UPON MOTION FOR REHEARING
We previously dismissed this appeal by order relying on Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998). The appellant asks that we withdraw that order and issue an opinion so that his appeal may be considered by the Supreme Court of Florida in conjunction with, or in light of Maddox, currently before that court for review.
We grant his request, withdraw the previous order and formally dismiss his appeal on the authority of this court's opinion in Maddox.
APPEAL DISMISSED.
GRIFFIN, C.J., DAUKSCH and PETERSON, JJ., concur.