Opinion
No. 77-677.
June 6, 1979.
Appeal from Circuit Court, Seminole County; Robert B. McGregor, Judge.
Richard L. Jorandby, Public Defender, and Rendell Brown, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
DOWNEY, C.J., and DAUKSCH, J., concur.
ANSTEAD, J., concurs specially with opinion.
I agree that the judgment of conviction should be affirmed. However, I note from the record that there may be an issue, not involved in this appeal, as to whether the appellant was in possession of a firearm and subject to the provisions of Section 775.087, Florida Statutes (1977). Arthur v. State, 351 So.2d 60 (Fla. 4th DCA 1978). That issue, if it exists, would be the proper subject of a motion for post-conviction relief.