SEAYS v. STATE

No. 4D99-3829.

789 So.2d 1209 (2001)

Titus SEAYS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 18, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellee.


On Motion for Rehearing

KLEIN, J.

We withdraw our opinion which was filed on May 30, 2001 and substitute the following opinion.

We affirm appellant's conviction for burglary of a conveyance with a battery but reverse for resentencing because of information which may have improperly influenced his sentence.

The victim in this case had lived with the appellant until the night before the burglary and battery. On the day that the jury...

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