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

THOMAS EARL SMAIL, Appellant, v. Case No. 5D18-753 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 8, 2018 3.801 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Thomas Earl Smail, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the order under review without prejudice to Appellant filing an appropriate motion for postconviction relief as to claims one and eight.

AFFIRMED.

COHEN, C.J., SAWAYA and EVANDER, JJ., concur.