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MARRIOTT v. STATE

No. 91-3482.

605 So.2d 985 (1992)

Michael Donovan MARRIOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 7, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

EN BANC

PER CURIAM.

We sua sponte consider this appeal en banc for purposes of receding from our position in Marriott v. State, 582 So.2d 728 (Fla. 4th DCA 1991) ("Marriott I"), which we now deem to be erroneous.

Michael Donovan Marriott brought this as a full appeal from an order entered pursuant to a Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The trial court entered judgment of guilt...

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