
    Eduardo VARGAS, Appellant, v. STATE of Florida, Appellee.
    No. 4D11-349.
    District Court of Appeal of Florida, Fourth District.
    March 27, 2013.
    Rehearing Denied March 27, 2013.
    Carey Haughwout, Public Defender, and John Pauly, Assistant Public Defender, West Palm Beach, and Eduardo Vargas, Blountstown, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
   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.  