Opinion
Case No. 5D03-3238.
Decision filed May 21, 2004.
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
AFFIRMED.
THOMPSON and ORFINGER, JJ., concur.
TORPY, J., concurs specially, with opinion.
I concur based upon Woods v. State, 542 So.2d 443 (Fla. 5th DCA 1989). See also Fla.R.Crim.P. 3.702(d)(19).