Toole v. State

Full title: KENNETH TOOLE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Feb 6, 2004

865 So. 2d 629 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-3891.

Opinion filed February 6, 2004.

An appeal from the Circuit Court for Jackson County, Richard Albritton, Judge.

Appellant, pro se.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm the trial court's denial of the appellant's motion to vacate sentence. See Pitts v. State, No. 03-2321 (Fla. 1st DCA Sept. 26, 2003);State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003). We certify conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

AFFIRMED.

BARFIELD, KAHN, and HAWKES, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.