BEATRICE v. STATE

No. 4D01-180.

832 So.2d 972 (2003)

Vincent BEATRICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 2, 2003.


Attorney(s) appearing for the Case

Valentin Rodriguez, Jr. of Valentin Rodriguez, P.A., West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING

KLEIN, J.

We withdraw our previously filed opinion dated July 24, 2002 and replace it with the following.

Appellant appeals two convictions of aggravated assault with a firearm and two convictions of kidnaping while in possession of a firearm. We affirm in all respects, addressing only the issue of whether the trial court erred in determining that it did not have the discretion...

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