Schmiel v. State

Full title: ANTHONY SCHMIEL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 19, 1998

710 So. 2d 1388 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3317

Opinion filed June 19, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED on the authority of Ferry v. State, 701 So.2d 660 (Fla. 5th DCA 1997); Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996). We again certify conflict with Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996).

COBB, GOSHORN, J.J., and ORFINGER, M., Senior Judge, concur.