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885 So. 2d 390

Payne v. State

District Court of Appeal of Florida · decided 2004-05-25

Decided 2004-05-25

¶1ON MOTION FOR REHEARING

¶2Ned Payne appealed his sentence which was imposed by the trial court after a jury found him guilty of committing the crime of theft. Having found no merit in the issues raised in Payne’s initial brief, we issued a per curiam affirmance. Payne filed a motion for rehearing requesting that this court recall its decision based upon the fact that defense counsel had not received a copy of the State’s answer brief and therefore he had not had the opportunity to file a reply brief. We granted Payne leave to file a reply brief; however, upon review thereof, we conclude that no reversible error has been demonstrated. Accordingly, we deny Payne's motion for rehearing.

¶3DENIED.

SAWAYA, C.J., PLEUS and PALMER, JJ., concur.
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