District Court of Appeal of Florida December 11, 1998, No. 98-645 (Swihart v. State)

Also known as

United States · · · 11-12-1998

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION OF CONFLICT

COBB, Judge.

We grant appellants’ motion for rehearing and certification, rescind our prior opinion, and issue the following opinion:

We affirm on the authority of State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996), rev. denied, 694 So.2d 737 (Fla.1997). Accord State v. Hayes, 23 Fla. L. Weekly D2184, 720 So.2d 1095 (Fla.

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