Opinion
No. 87-2229.
August 18, 1988.
Appeal from the Circuit Court for Seminole County; O.H. Eaton, Jr., Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.
AFFIRMED on the authority of Carr v. State, 528 So.2d 406 (Fla. 5th DCA 1988) and McKee v. State, 528 So.2d 417 (Fla. 5th DCA 1988).
ORFINGER and COBB, JJ., concur.
COWART, J., dissents with opinion.
I dissent for the reasons stated in the dissents in Carr, McKee, and Gulker v. State, 528 So.2d 434 (Fla. 5th DCA 1988).