Carlson v. State

District Court of Appeal of Florida

Decided April 30, 2004

District Court of Appeal of Florida · decided 2004-04-30

Relies on 872 So. 2d 938 - Jones v. State

Decided 2004-04-30

¶1ON MOTION FOR REHEARING EN BANC

PER CURIAM.

¶2The 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.

¶3For the reasons explained in Jones v. State, 872 So.2d 938 (Fla. 5th DCA 2004), we reverse the sentence and remand to the trial court to strike the minimum mandatory provision improperly included in Carlson’s sentence.

¶4REVERSED AND REMANDED.

SAWAYA, C.J., SHARP, W., PETERSON, GRIFFIN, THOMPSON, PLEUS, PALMER, ORFINGER, MONACO and TORPY, JJ., concur.