Lewis v. State

Full title: ELDRED LEWIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 26, 2003

848 So. 2d 1158 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D99-1772.

Opinion filed February 26, 2003.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Fred J. Berman, Judge; L.T. Case No. 98-8989CF10A.

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Charlie Crist, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND MOTION FOR CLARIFICATION

PER CURIAM.

Appellant has filed a motion for rehearing of our decision of December 26, 2002, which we deny. The state has filed a motion for clarification requesting the withdrawal of the prior opinion issued on November 14, 2001, and cited as Lewis v. State, 798 So.2d 918 (Fla. 4th DCA 2001). This court recalled the mandate on July 2, 2002, but inadvertently failed to withdraw the prior opinion. Appellant's appeal was affirmed without opinion on December 26, 2002. To correct this oversight we hereby grant the state's motion for clarification and withdraw the opinion issued on November 14, 2001.

GUNTHER, FARMER and HAZOURI, JJ., concur.