Opinion
Fifth Dca No. 5D04-3879.
Date: December 21, 2007.
Supreme ct. No.SC06-1156, Trial Court No. CR03-002023.
BY ORDER OF THE COURT:
In accordance with the December 7, 2007 Mandate and instructions of the Florida Supreme Court by Opinion filed July 12, 2007, it is
ORDERED that the prior mandate and opinion of this Court are withdrawn. Moreover, the final judgment and sentence rendered October 29, 2004 in the Circuit Court for Osceola County, Florida, are reversed and the cause is remanded to the lower tribunal for a new trial consistent with the Opinion of the Supreme Court.
NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.