District Court of Appeal of Florida October 31, 2001, No. 3D01-1921 (McPhee v. State)

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant Kevin McPhee a/k/a Donte Ramon Laws’s motion to recall the mandate and for rehearing, withdraw our previously issued opinion and replace it with the following:

In 1994, McPhee was convicted of manslaughter after entering a negotiated plea of nolo contendere. He filed a timely Rule 3.850 motion for post-conviction relief pursuant to Wood v.