5D11-2228 Roland Gallie v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-2228

Case Date: 03/05/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

ROLAND R. GALLIE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 9, 2012 Appeal from the Circuit Court for Brevard County, John M. Harris, Judge. James S. Purdy, Public Defender, and Michael S. Becker, Assistant Public Defender, Daytona Beach, for Appellant Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-2228

ON MOTION FOR REHEARING PER CURIAM. Upon consideration of Roland Gallie's motion for rehearing, we grant the motion, withdraw the opinion issued on January 10, 2012, and substitute this opinion in its place.

See Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So. 3d 117 (Fla. 2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

SAWAYA, PALMER and EVANDER, JJ., concur.

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