Seabrook v. State, 762 So. 2d 1005 (Fla. 5th DCA 2000). · Go Syfert
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Seabrook v. State, 762 So. 2d 1005 (Fla. 5th DCA 2000). Cases Citing This Book View Copy Cite
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Marblee SEABROOK
v.
STATE of Florida
No. 99-2117.
District Court of Appeal of Florida, Fifth District.
Jul 7, 2000.
Published opinion
762 So. 2d 1005
2000 Fla. App. LEXIS 8530
2000 WL 904407
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
Peterson, Pleus, Sawaya.
Published

UPON MOTION FOR REHEARING

PETERSON, J.

The appellant has moved for rehearing requesting that we withdraw our previous decision in Rice v. State, 754 So.2d 881 (Fla. 5th DCA 2000) in which the constitutionality of section 893.13(1)(e)1,. Florida Statutes (1997), was upheld. We note Rice is now on appeal to the Florida Supreme Court. Since the same statute is challenged in the instant appeal, we grant the motion for rehearing, withdraw our previous decision and now affirm per curiam on the authority of Rice.

SAWAYA and PLEUS, JJ., concur.