Charles v. State

I agree with the- majority opinion in granting rehearing and affirming the trial court. I write separately to explain additional reasoning for granting rehearing.

Following the retirement of the Honorable W. Matthew Stevenson, the “luck of the draw” placed me on a three-judge panel assigned to consider the motion for rehearing. In determining the appropriate standard a successor judge is to apply when passing on a motion for rehearing, I am guided by Judge Bilbrey’s concurrence in Gretna Racing, LLC v. Department of *68Business & Professional Regulation, 178 So.3d 15 (Fla. 1st DCA 2015), review…