CARLSON v. STATE, 874 So.2d 24 (Fla.App. 5 Dist. 2004)

JOSEPH CARLSON, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D01-3089.District Court of Appeal of Florida, Fifth District.
Opinion Filed April 30, 2004.

Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.

C. Michael Barnette, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING EN BANC
PER CURIAM.

The motion for rehearing en banc filed by Joseph Carlson is hereby granted. We withdraw our previously issued opinion and substitute the following in its place.

For the reasons explained in Jones v. State, 29 Fla. L. Weekly D747 (Fla. 5th DCA March 26, 2004), we reverse the sentence and remand to the trial court to strike the minimum mandatory provision improperly included in Carlson’s sentence.

REVERSED AND REMANDED.

SAWAYA, C.J., SHARP, W., PETERSON, GRIFFIN, THOMPSON, PLEUS, PALMER, ORFINGER, MONACO and TORPY, JJ., concur.