Faison v. State

• Decision Date: 07 August 1997
• Docket Number: No. 95-1019,95-1019
• Citation: 697 So.2d 585
• Parties: 22 Fla. L. Weekly D1962 Timothy J. FAISON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 585

697 So.2d 585

22 Fla. L. Weekly D1962

Timothy J. FAISON, Appellant, v. STATE of Florida, Appellee.

No. 95-1019.

District Court of Appeal of Florida,

First District.

Aug. 7, 1997.

An appeal from the Circuit Court for Okaloosa County; G. Robert Barron, Judge.

Nancy A. Daniels, Public Defender; Raymond Dix, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We withdraw our earlier opinion for the reasons which follow. After the issuance of our opinion on May 13, 1997, and the filing of appellant's motion for rehearing on May 28, 1997, the Supreme Court issued its opinion in State v. Mejia, 696 So.2d 339 (Fla.1997), holding that its decision in Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, --- U.S. ----, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), was not applicable to cases tried before rehearing was denied. Since trial in the instant case took place before Coney was final, Coney does not apply. Accordingly, we sua sponte withdraw our opinions in this case, substitute this opinion in lieu thereof, and affirm the judgment and sentences of the trial court.

MINER, WEBSTER and LAWRENCE, JJ., concur.