Florida District Courts of Appeal, 2003

Russell v. State

Russell v. State
Florida District Courts of Appeal · Decided October 8, 2003 · Gersten, Goderich, Schwartz
855 So. 2d 722; 2003 Fla. App. LEXIS 15069; 2003 WL 22298995 (Southern Reporter, Second Series)

Russell v. State

Opinion of the Court

PER CURIAM.

We affirm based on the authority of Rule 3.701, Florida Rules of Criminal Procedure; Montgomery v. State, 821 So.2d 464 (Fla. 4th DCA 2002), review granted, 837 So.2d 410 (Fla. 2003); and Hill v. State, 805 So.2d 61 (Fla. 3d DCA), review dismissed, 817 So.2d 847 (Fla. 2002). We certify conflict with Negron v. State, 799 So.2d 1126 (Fla. 5th DCA 2001); State v. Freeman, 775 So.2d 344 (Fla. 2d DCA 2000), review denied, 790 So.2d 1108 (Fla. 2001); and Batchelor v. State, 729 So.2d 956 (Fla. 1st DCA 1999).

Affirmed; conflict certified.

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