AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).
WOLF, C.J., and DAVIS, J., Concur; BROWNING, J., Concurs with written opinion.
950 So. 2d 424
Ray L. MONK, Appellant, v. STATE of Florida, Appellee.
No. 1D02-4461.
District Court of Appeal of Florida, First District.
March 31, 2005.
Rehearing Denied April 5, 2005.
Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General; Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.
concurring.
I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.
Monk v. State
950 So. 2d 424
Case Details
950 So. 2d 424
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