Opinion
No. 1D04-3196.
January 17, 2006.
An appeal from an order from the Circuit Court for Leon County. James Hankinson, Judge.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, Attorneys for Appellant.
Charles J. Crist, Jr., Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, Attorneys for Appellee.
On the court's own motion, the opinion of January 3, 2005, is withdrawn in light of Therrien v. State, 914 So.2d 942 (Fla. 2005). The following opinion is substituted therefor.
AFFIRMED. Milks v. State, 894 So.2d 924 (Fla. 2005).
BENTON, LEWIS and THOMAS, JJ., concur.