Foster v. State

Full title: CLYDE FOSTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Nov 20, 1995

661 So. 2d 1247 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2657.

October 18, 1995. Rehearing Denied November 20, 1995.

An appeal from the Circuit Court for Columbia County. Paul Bryan, Judge.

Clyde Foster, pro se, for Appellant.

Robert A. Butterworth, Attorney General; Thomas Falkinburg, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellee's motion for rehearing and withdraw the opinion previously released in this cause and substitute the following therefor.

The order denying appellant's motion, filed on the authority of Rule 3.800(a), Florida Rules of Criminal Procedure, is affirmed. See, Davis v. State, 661 So.2d 1193 (Fla. 1995), and State v. Callaway, 658 So.2d 983 (Fla. 1995).

MICKLE, WEBSTER and VAN NORTWICK, JJ., concur.