Sirmons v. State

Full title: CORNELIUS C. SIRMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Mar 25, 1992

595 So. 2d 582 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-03713.

March 25, 1992.

Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Faffel, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Davis v. State, 528 So.2d 521 (Fla. 2d DCA), review denied, 536 So.2d 243 (Fla. 1988). We recognize that our decision in Davis is in conflict with Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990).

DANAHY, A.C.J., and PATTERSON, J., concur.

PARKER, J., concurs specially.

PARKER, Judge, concurring specially.

I concur with the majority. But for this court's opinion in Davis, I would reverse this case because the record fails to show that Sirmons waived the trial court's required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So.2d 835 (Fla.2d DCA 1992) (concurring opinion).