5D01-3089 Joseph Carlson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3089

Case Date: 04/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004 JOSEPH CARLSON, Appellant, v. Case No. 5D01-3089 STATE OF FLORIDA, Appellee. / Opinion filed April 30, 2004 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge. C. Michael Barnette, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. 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, 29 Fla. L. Weekly D747 (Fla. 5th DCA March 26, 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.

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