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Florida District Courts of Appeal, 2004

Carlson v. State

Carlson v. State
Florida District Courts of Appeal · Decided April 30, 2004 · Griffin, Monaco, Orfinger, Palmer, Peterson, Pleus, Sawaya, Sharp, Thompson, Torpy
874 So. 2d 24; 2004 Fla. App. LEXIS 6039; 2004 WL 912334 (Southern Reporter, Second Series)

Carlson v. State

Opinion of the Court

ON MOTION FOR REHEARING EN BANC

PER CURIAM.

The motion for rehearing en banc filed by Joseph Carlson is hereby granted. We withdraw our previously issued opinion and substitute the following in its place.

For the reasons explained in Jones v. State, 872 So.2d 938 (Fla. 5th DCA 2004), we reverse the sentence and remand to the trial court to strike the minimum mandatory provision improperly included in Carlson’s sentence.

REVERSED AND REMANDED.

SAWAYA, C.J., SHARP, W., PETERSON, GRIFFIN, THOMPSON, PLEUS, PALMER, ORFINGER, MONACO and TORPY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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