Opinion
No. ZZ-232.
February 4, 1982. Rehearing Denied March 1, 1982.
Appeal from Circuit Court, Gulf County; W. Fred Turner, Judge.
Michael Allen, Public Defender, Nancy A. Daniels, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.
Davis appeals alleging the trial court erred in denying his motion for new trial and in sentencing him for sexual battery. We affirm. The affirmance, however, is without prejudice to Davis' right to assert, if he so desires, any alleged error by way of a proper motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
MILLS, WENTWORTH and THOMPSON, JJ., concur.