Opinion
No. 220087.
March 8, 2002. Updated June 7, 2002.
On the Court's own motion, the defendant-appellant's motion for rehearing is granted, the order denying motion for rehearing of January 31, 2002, is vacated, and the opinion of December 11, 2001, is vacated. Contrary to our statement in n 6 of the vacated opinion, it appears that appellant's counsel did all that could be done to procure the full transcript of the January 7, 1999, hearing. That transcript was filed with the trial court after the lower court record had been forwarded to the Court of Appeals, but this Court failed to formally request the additional forwarding of the later-filed transcript. As noted in the vacated opinion, this omission did not materially affect our decision, but the opinion has been amended to delete any references to the nonproduction of the trial court's ruling at the January 7, 1999, hearing.