Hill v. State

ON REHEARING EN BANC

JO ANOS, Judge.

Appellant filed a motion for rehearing of the opinion of this court which affirmed his felony convictions. The court on its own motion granted rehearing en banc pursuant to Fla.R.App.P. 9.381(c) in order to maintain uniformity in the court’s decisions.

In support of his Motion for Rehearing appellant cites us to this court’s opinion in Lentz v. State, 498 So.2d 986 (Fla. 1st DCA 1986) in which this court reversed a first degree murder conviction and remanded for a new trial.1 This court based its decision on the trial court’s failure to give an instruction on…