Opinion
Case No. 3D03-660.
Opinion filed February 4, 2004.
An appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge, Lower Tribunal No. 02-5025.
Leonard J. Cooperman, for appellant.
Charles J. Christ, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before COPE, SHEVIN and RAMIREZ, JJ.
On Rehearing Granted
Upon consideration of the State's motion for rehearing, we withdraw our previous opinion and substitute the following opinion.
On examining the plea colloquy from Miami-Dade County Circuit Court case number 97-8596, a fair reading is that defendant-appellant Smith entered his plea on count 4 to the crime as charged. It follows that the defendant qualifies as a habitual violent felony offender.
Affirmed.