IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA

April 4, 2018

VAUGHN BOYD CARLEY, ) ) Appellant, ) ) v. ) Case No. 2D17-650 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________)

BY ORDER OF THE COURT: The appellant's motion for clarification or rehearing of appellate decision is granted. The opinion dated March 2, 2018, is hereby withdrawn and the attached opinion is substituted therefor. No further motions for rehearing will be entertained.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

MARY ELIZABETH KUENZEL CLERK IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

VAUGHN BOYD CARLEY, ) ) Appellant, ) ) v. ) Case No. 2D17-650 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed April 4, 2018.

Appeal from the Circuit Court for Lee County; J. Frank Porter, Judge.

Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and LUCAS, JJ., Concur.