Commings v. State

Full title: ELBERT COMMINGS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Mar 9, 1988

521 So. 2d 157 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-235.

February 3, 1988. Rehearing Denied March 9, 1988.

Appeal from the Circuit Court for Polk County; Carolyn K. Fulmer, Judge.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm. As to the first point on appeal, see McD. v. State, 422 So.2d 336 (Fla. 3d DCA 1982). As to the second point on appeal, see Barker v. State, 518 So.2d 450 (Fla. 2d DCA 1988), the affirmance in this regard being without prejudice to defendant proceeding under Florida Rule of Criminal Procedure 3.850.

RYDER, A.C.J., and LEHAN and HALL, JJ., concur.