Harrell v. State

Full title: THEODORE HARRELL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 10, 2004

867 So. 2d 625 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-3863.

Opinion filed March 10, 2004.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County, Daniel L. Perry, Judge.

PER CURIAM.

Affirmed. See Wright v. State, 29 Fla. L. Weekly D84 (Fla. 2d DCA Dec. 31, 2003) (en banc). As this court did in Wright, we certify direct conflict with Kirtsey v. State, 855 So.2d 177 (Fla. 1st DCA 2003);Hernandez v. State, 825 So.2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So.2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So.2d 448 (Fla. 1st DCA 2000); Hampton v. State, 764 So.2d 829 (Fla. 1st DCA 2000); andMacias v. State, 614 So.2d 1216 (Fla. 3d DCA 1993).

Affirmed; conflict certified.

NORTHCUTT, COVINGTON, and WALLACE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.