Tisdol v. State

ON REHEARING GRANTED

Upon consideration of petitioner’s motion, rehearing is granted. The opinion issued in this case on September 21, 2000, is withdrawn and the following opinion is substituted in its place.

We have for review Tisdol v. State, 747 So.2d 428 (Fla. 3d DCA 1999), which cited to Cargle v. State, 701 So.2d 359 (Fla. 1st DCA 1997), approved, 770 So.2d 1151 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).

In 1993, when Byron Tisdol was 14, he pled guilty to the reduced charges of attempted sexual battery and false…