STATE v. HOSTY, SC03-511 (Fla. 11-9-2006)

The Motion for Rehearing of Appellant/Petitioner the State of Florida is hereby denied. The opinion issued in this case on June 8, 2006, is withdrawn and the attached revised opinion dated November 9, 2006, is substituted in its place.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

The Motion for Rehearing of Appellee/Respondent Brunel Hosty is hereby denied.

LEWIS, C.J., and WELLS, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

ANSTEAD, J., dissents.