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DAVIS v. STATE

Nos. 83-1530, 84-242.

516 So.2d 953 (1986)

Charles Seaton DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 22, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

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

Paul H. Zacks, Asst. State Atty., Fort Lauderdale; Joel Rosenblatt, Asst. State Atty., Miami, and Arthur I. Jacobs, of Jacobs & Mullin, Fernandina Beach, for amicus curiae-Florida Pros. Atty's. Ass'n.

James K. Green, of Green, Eisenberg and Cohen, West Palm Beach, for amicus curiae-Florida Public Defenders' Ass'n.

OPINION ON REHEARING EN BANC

DOWNEY, Judge.

The state has moved to rehear this case en banc contending that our decision filed December 12, 1984, is in direct conflict with this court's decision in Taylor v. State, 350 So.2d 13 (Fla. 4th DCA 1977), and also with the case of Carron v. State, 414 So.2d 288 (Fla. 2d DCA 1982),

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