Florida District Courts of Appeal, 1998

Baker v. State

Baker v. State
Florida District Courts of Appeal · Decided March 6, 1998 · Barfield, Ervin, Kahn
706 So. 2d 412; 1998 Fla. App. LEXIS 2189; 1998 WL 94938 (Southern Reporter, Second Series)

Baker v. State

Opinion of the Court

*413 ON MOTIONS FOR REHEARING, REHEARING EN BANC, CERTIFICATION OF CONFLICT, and CERTIFICATION OF ISSUE OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

We grant appellant’s motion for clarification, withdrawing our earlier opinion (Baker v. State, 23 Fla. L. Weekly D314, (Fla. 1st DCA Jan.21, 1998)), and substitute the following:

We affirm. Baker v. State, 705 So.2d 76 (Fla. 1st DCA 1997). § 924.051(3), Fla. Stat. (Supp. 1996); Davis v. State, 704 So.2d 681 (Fla. 1st DCA 1997).

The remaining motions are denied.

AFFIRMED.

BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.

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