Opinion
No. 5D04-897.
April 15, 2005. Rehearing Denied June 1, 2005.
Appeal from the Circuit Court for Orange County, Frank Kaney, Senior Judge.
James S. Purdy, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
Although we affirm this case on the authority of Atkins v. State, 785 So.2d 1219 (Fla. 4th DCA 2001), and State v. Gibson, 783 So.2d 1155 (Fla. 5th DCA 2001), we do so without prejudice to the appellant to seek relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Cf. State v. Clifton, 895 So.2d 513 (Fla. 5th DCA Feb. 11, 2005).
AFFIRMED.
SAWAYA, C.J., PETERSON and MONACO, JJ., concur.