Cruz v. State

Upon consideration of the Petitioner’s motion for rehearing filed April 28, 2016, it is

ORDERED that the Petitioner’s motion for rehearing is granted to the extent that this court’s opinion dated April 15, 2016, is hereby withdrawn, and the attached opinion is substituted therefore. The only change is in the first and last paragraphs and the footnote of the substituted opinion. In all other respects, the motion is denied. No further motions for. rehearing will be entertained.

Richard Delgado Cruz has filed a petition and a supplemental petition under Florida Rule of Appellate Procedure 9.141(d)…