Florida District Courts of Appeal, 2004

Wattles v. State

Wattles v. State
Florida District Courts of Appeal · Decided June 25, 2004 · Orfinger, Peterson, Torpy
875 So. 2d 794; 2004 Fla. App. LEXIS 8934; 2004 WL 1414022 (Southern Reporter, Second Series)

Wattles v. State

Opinion of the Court

ON MOTION FOR REHEARING/CERTIFICATION

PER CURIAM.

We grant rehearing, withdraw our previous opinion, and substitute the following:

We affirm on the authority of Martin v. State, 864 So.2d 589 (Fla. 5th DCA 2004). However, as we did in Martin and in Rickman v. State, 871 So.2d 310 (Fla. 5th DCA 2004), we grant Appellant’s motion for certification and certify conflict with Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003).

REHEARING and CERTIFICATION GRANTED.

PETERSON, ORFINGER and TORPY, JJ., concur.

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