Monk v. State

Full title: Ray L. MONK, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 5, 2005

950 So. 2d 424 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D02-4461.

March 31, 2005. Rehearing Denied April 5, 2005.

An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge.

Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General; Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).

WOLF, C.J., and DAVIS, J., Concur; BROWNING, J., Concurs with written opinion.

BROWNING, J., concurring.

I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.