IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

GEORGE HOGAN, Appellant, v. Case No. 5D16-1191 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 3, 2017 Appeal from the Circuit Court for Orange County, Heather L. Higbee, Judge.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013) (holding prosecutor has discretion to charge defendant under general crime even though more specific crime exists).

SAWAYA, ORFINGER and TORPY, JJ., concur.