Brannon v. State

OPINION ON MOTION FOR REHEARING, REHEARING EN BANC OR CERTIFICATION

Appellant has filed a motion for rehearing, rehearing en banc, and motion for certification arguing that Harvey v. State, 786 So.2d 595 (Fla. 1st DCA 2001), upon which we relied in our opinion affirming his appeal, was wrongly decided. This court has re-adopted its decision in Harvey. See Harvey v. State, 786 So.2d 28 (Fla. 1st DCA 2001)(opinion on rehearing).

Appellant further argues that, even if the court adheres to its Harvey decision, and Maddox v. State, 760 So.2d 89 (Fla.2000) articulated a policy that all sentencing…