Craig v. State

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA November 20, 2002 ESSIE CRAIG, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D00-1417 BY ORDER OF THE COURT: This court sua sponte grants rehearing in this matter. Accordingly, the opinion dated March 7, 2001, is withdrawn and the attached opinion is substituted for that opinion. No motions for rehearing will be entertained in this appeal. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES BIRKHOLD, CLERK c: Chris M. Pratt, Esq. Richard E. Doran, Attorney General Sonya Roebuck Horbelt, Assistant Attorney General IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ESSIE CRAIG, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D00-1417 Opinion filed November 20, 2002. Appeal from the Circuit Court for Manatee County; Janette Dunnigan and Thomas M. Gallen, Judges. Chris M. Pratt, Palmetto, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Essie Craig appeals her conviction for felony possession of marijuana and the probationary term imposed as a result of that conviction. She specifically challenges the denial of her dispositive motion to suppress. The evidence against Ms. Craig was seized from her home during the execution of the same search warrant involved in Randall v. State, 793 So. 2d 59 (Fla. 2d DCA 2001), in which this court reversed the denial of Ms. Randall's motion to suppress. Both Ms. Randall's case and Ms. Craig's case arose out of the same factual incident and the legal issues presented for consideration were identical. Accordingly, we reverse. Reversed and remanded. ALTENBERND,1 CASANUEVA, and SALCINES, JJ., Concur. 1 Judge Altenbernd has been substituted for Judge Patterson, who was on the original Craig panel. -2-

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