STATE v. WIITA

No. 98-2248.

744 So.2d 1232 (1999)

STATE of Florida, Appellant, v. Bruce Brian WIITA, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellant.

James K. Green of James K. Green, P.A., West Palm Beach, and Richard G. Lubin of Lubin and Gano, P.A., West Palm Beach, for appellee.


ON MOTION FOR REHEARING

HAZOURI, J.

We deny the motion for rehearing and rehearing en banc but withdraw our prior opinion and substitute the following in its place.

Appellant, the State of Florida ("the state"), appeals from an Order Granting Defendant's Sworn Motion to Vacate Sentence. Because we find that the trial court did not abuse its discretion by entering the Order, we affirm.

On June 13, 1991, the state filed an information...

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