Florida District Courts of Appeal, 2004

Payne v. State

Payne v. State
Florida District Courts of Appeal · Decided May 25, 2004 · Palmer, Pleus, Sawaya
885 So. 2d 390; 29 Fla. L. Weekly Fed. D 2089 (Southern Reporter, Second Series)

Payne v. State

070rehearing

ON MOTION FOR REHEARING

Ned Payne appealed his sentence which was imposed by the trial court after a jury found him guilty of committing the crime of theft. Having found no merit in the issues raised in Payne’s initial brief, we issued a per curiam affirmance. Payne filed a motion for rehearing requesting that this court recall its decision based upon the fact that defense counsel had not received a copy of the State’s answer brief and therefore he had not had the opportunity to file a reply brief. We granted Payne leave to file a reply brief; however, upon review thereof, we conclude that no reversible error has been demonstrated. Accordingly, we deny Payne's motion for rehearing.

DENIED.

SAWAYA, C.J., PLEUS and PALMER, JJ., concur.

Opinion of the Court

PER CURIAM.

AFFIRMED.

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