Opinion
Case No. 1D05-0108.
Opinion filed October 6, 2005.
An appeal from the Circuit Court for Santa Rosa County, Honorable Ronald V. Swanson, Judge.
Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
AFFIRMED.
POLSTON and HAWKES, JJ., CONCUR.
BENTON, J. DISSENTS.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.