Daily v. State

ON MOTION FOR REHEARING AND CLARIFICATION

ROTHENBERG, Judge.

Upon consideration of the defendant’s motion for rehearing and clarification, we deny the motion for rehearing, but grant the motion for clarification, and withdraw our opinion dated May 4, 2005, and substitute the following opinion in its place.

The defendant, Nathaniel Daily, appeals an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The defendant argues that the Notice of Intent to Seek an Enhanced Penalty was a “shotgun” notice, and therefore, insufficient. The…