Brown v. State

On Rehearing Granted

On consideration of appellant’s motion for rehearing, we withdraw the opinion dated August 1, 2001, and substitute the following opinion.

Tony Brown appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

In count five of circuit court case number 96-19731, defendant was adjudicated guilty (after trial) of the offense of attempted battery on a law enforcement officer in violation of section 784.07, Florida Statutes (1995), a felony. The State concedes that under Merritt v. State, 712…