Dart v. State

ON MOTION FOR REHEARING/MOTION TO RECALL MANDATE

The Motion for Belated Rehearing/Motion to Recall Mandate filed more than fifteen (15) days from the date of the issuance of the decision in this cause is stricken as untimely. Fla.R.App.P. 9.330(a); Rogers v. State Farm Mut. Automobile Ins. Co., 390 So.2d 138 (Fla. 5th DCA 1980). However, upon its own motion, the Court has deter*1166mined to reconsider its earlier decision, 415 So.2d 846, rendered in this cause and has withdrawn the mandate.

The State has now filed with this Court the information accusing appellant of sexual battery and burglary with…