State v. Brown

District Court of Appeal of Florida

Decided February 11, 1977

District Court of Appeal of Florida · decided 1977-02-11

Relies on 335 So. 2d 280 - Fulton v. State

Decided 1977-02-11

¶1ON PETITION FOR REHEARING

PER CURIAM.

¶2Petition for rehearing is granted.

¶3The opinion published September 17,1976 is withdrawn and the order of the trial court granting appellee a new trial is affirmed. See Fulton v. State, 335 So.2d 280 (Fla.1976).

¶4AFFIRMED.

MAGER, C. J., and CROSS, J., concur.DOWNEY, J., dissents, with opinion.