Florida District Courts of Appeal, 2005

Monk v. State

Florida District Courts of Appeal · Decided March 31, 2005 · Browning, Davis, Wolf

950 So. 2d 424; 2005 Fla. App. LEXIS 4460; 2005 WL 723766 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).

WOLF, C.J., and DAVIS, J., Concur; BROWNING, J., Concurs with written opinion.

BROWNING, J.,

concurring.

I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.

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