Jones v. ST

Full title: RICHARD JONES, Appellant, v. ST OF FL, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 1, 2002

Case No. 5D01-2775 (Fla. Dist. Ct. App. Nov. 1, 2002)

Opinion

Case No. 5D01-2775.

Opinion filed November 1, 2002.

Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, J.

Upon further consideration sua sponte, the opinion in this cause dated September 27, 2002 is withdrawn and the defendant's sentence is affirmed on the authority of Hersey v. State, Case No. 5D01-2314 (Fla. 5th DCA Sept. 20, 2002).

AFFIRMED.

SHARP, W. and PLEUS, JJ., concur.