Opinion
Case No. 99-2117
Opinion filed July 7, 2000 JANUARY TERM 2000
Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
UPON MOTION FOR REHEARING
The appellant has moved for rehearing requesting that we withdraw our previous decision in view of our decision in Rice, et al. v. State, Case Number 5D99-1513 in which the constitutionality of section 893.13(1)(e)1, Florida Statutes (1997), was upheld. We note Rice is now on appeal to the Florida Supreme Court. Since the same statute is challenged in the instant appeal, we grant the motion for rehearing, withdraw our previous decision and now affirm per curiam on the authority of Rice.
SAWAYA and PLEUS, JJ., concur.