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LOFTON v. STATE

Nos. 80-1691, 81-444.

416 So.2d 522 (1982)

Joseph LOFTON, Appellant, v. STATE of Florida, Appellee. Albert P. DEANDREA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 28, 1982.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, Peter F. LaPorte, Asst. Public Defender, and Lee F. Carney, Legal Intern, Fort Lauderdale, Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant-Lofton.

Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant-Deandrea.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer and Russell S. Bohn, Asst. Attys. Gen., West Palm Beach, for appellee.

ON PETITION FOR REHEARING

DOWNEY, Judge.

By petition for rehearing appellant points out that our opinion, issued June 16, 1982, contains an erroneous statement of the law regarding legal malice in arson. While we adhere to our decision generally, we have modified our opinion to eliminate the aforesaid statement. Accordingly, appellant's petition for rehearing is granted, our opinion is modified, and as so modified it is republished.

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