Opinion
Case No. 5D04-1413.
Opinion filed June 25, 2004.
3.850 Appeal from the Circuit Court for Marion County, William T. Swigert, Judge.
Waldo Mason Wattles, III, Bowling Green, pro se.
No Appearance for Appellee.
ON MOTION FOR REHEARING/CERTIFICATION
We grant rehearing, withdraw our previous opinion, and substitute the following:
We affirm on the authority of Martin v. State, 864 So.2d 589 (Fla. 5th DCA 2004). However, as we did in Martin and in Rickman v. State, 871 So.2d 310 (Fla. 5th DCA 2004), we grant Appellant's motion for certification and certify conflict with Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003).
REHEARING and CERTIFICATION GRANTED.
PETERSON, ORFINGER and TORPY, JJ., concur.