Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County October 5, 1979, No. 79-035-AC (Germaine v. State)

N. JOSEPH DURANT, Jr., Circuit Judge.

This court has considered the appellant’s motion for rehearing, and finding same to be meritorious, it is ordered and adjudged that the order of affirmance heretofore rendered by this court on September 7, 1979, is vacated for the following reasons —

The order of affirmance was predicted on the legal proposition that the petition for a writ of coram nobis was