District Court of Appeal of Florida September 12, 2003, No. 5D03-1362 (Ferguson v. State)

ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant, Roger Lee Ferguson [“Ferguson”], seeks rehearing of our per curiam affirmance of the summary denial of his second rule 3.850 motion. We grant the motion for rehearing, withdraw our previous decision, and reverse the appealed order.

Ferguson was charged with aggravated assault with a deadly weapon, battery and aggravated assault.