Opinion
No. 4D00-1851.
Opinion filed May 23, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon M. Schapiro, Judge; L.T. Case No. 98-11617 CF10A.
Rehearing Denied.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
On appellant's motion for rehearing, we recognize Brooks v. State, No. SC94308, 26 Fla. L. Weekly S203 (Fla. April 5, 2001), but hold thatBrooks is factually distinguishable from the instant case.
Polen, Stevenson, and Taylor, JJ., Concur.
NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.