Opinion
No. 82-39.
December 8, 1982.
Appeal from the Circuit Court for Lake County; C. Welborn Daniel, Judge.
James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
AFFIRMED.
ORFINGER, C.J., and COWART, J., concur.
DAUKSCH, J., concurring specially with opinion.
I concur this appeal is an affirmance but I write to note that appellant should have first presented the issue to the trial court. Had he done so then we could consider his point on appeal. Perhaps he may find the law would permit the issue still to be raised in the trial court by way of a petition for collateral relief.