Sanner v. State

On Motion fob Rehearing

We grant appellant’s motion for rehearing, withdraw our previously issued opinion and substitute the following in its place.

Appellant challenges his conviction for fleeing and eluding a law enforcement officer under section 316.1935(3)(a), Florida Statutes (2006), claiming that the state failed to prove an essential element of the crime, namely that a patrol vehicle in the chase had “agency insignia and other jurisdictional markings prominently displayed on the vehicle.... ” We agree that the state failed to put on proof of this statutory element, requiring reversal.…