SANNER v. STATE

No. 4D09-2179.

63 So.3d 934 (2011)

Jerry M. SANNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 29, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and David John McPherrin , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing, withdraw our previously issued opinion and substitute the following in its place.

Appellant challenges his conviction for fleeing and eluding a law enforcement officer under section 316.1935(3)(a), Florida Statutes (2006), claiming that the state failed to prove an essential element of the crime, namely that a patrol vehicle in the chase had "agency insignia and...

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