Opinion
No. 95-01733.
June 21, 1996.
Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.
Douglas P. Jackson, Lakeland, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.
We affirm Mr. Cruz's convictions without prejudice to his raising the voluntariness of his plea in a properly filed motion for postconviction relief. See Key v. State, 549 So.2d 816 (Fla. 2d DCA 1989); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979). We strike the five-year term of probation in count one of case number 94-3399, which follows the twelve-year prison term also imposed in that count. We affirm the five-year term of probation imposed for count two in case number 94-3399, and which follows the prison sentence in count one.
Affirmed as modified.
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.