Eduardo VARGAS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2013-03-27No. No. 4D11-349

109 So. 3d 342

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Opinion · public domain

majority opinion

On Motion for Rehearing.

PER CURIAM.

Upon consideration of the appellant’s motion for rehearing, we find the facts of this case distinguishable from those in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), and Menna v. State, 846 So.2d 502 (Fla.2003). Accordingly, the appellant’s motion for rehearing is denied. POLEN, GROSS and CONNER, JJ., concur.