
    Martin SMITH, Petitioner, v. The STATE of Florida, Respondent.
    No. 3D01-631.
    District Court of Appeal of Florida, Third District.
    May 22, 2002.
    Rehearing En Banc and Certification Denied Aug. 21, 2002.
    Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for petitioner.
    Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for respondent.
    Before LEVY, GREEN, and RAMIREZ, JJ.
   ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The Opinion filed in this cause on "March 19, 2001, is hereby vacated and the following is substituted in its stead.

The Petition for Writ of Certiorari is denied.

LEVY and GREEN, JJ., concur.

RAMIREZ, J., dissents.  