Bailey v. State

419 So.2d 721 (1982)

Bobby Gene BAILEY, Appellant,

v.

STATE of Florida, Appellee.

No. AD-95.

District Court of Appeal of Florida, First District.

September 14, 1982.

Everett P. Anderson, Tallahassee, for appellant.

Jim Smith, Atty. Gen., David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.

ON PETITION FOR REHEARING GRANTED

By opinion filed June 11, 1982, we affirmed appellant's conviction of first degree murder, but upon consideration of appellant's timely filed petition for rehearing, we conclude that our prior decision was incorrect and that one of the errors argued by appellant, i.e., the…