Mandelbaum v. State

*511 ON MOTION FOR REHEARING

STONE, Judge.

Contrary to his prior assertion in this appeal that Sirmons v. State, 634 So.2d 153 (Fla.1994), represented a departure from existing law, Appellant now argues by this motion for rehearing that Sirmons was actually a re-affirmation by the supreme court of existing law. Having reviewed the Sirmons decision and the cases cited therein, we grant Appellant’s motion for rehearing and republish our opinion as follows:

This is an appeal from the denial of post-conviction relief pursuant to Florida Rules of Criminal Procedure 3.850. Appellant claims both a double…