Richard L. Bennett v. State

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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 RICHARD LOWELL BENNETT, Appellant, v. Case No. 5D13-694 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 7, 2014 Appeal from the Circuit Court for Volusia County, Frank Marriott, Judge. James S. Purdy, Public Defender, and James Wulchak and Craig Atack, Assistant Public Defenders, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm without prejudice to raise the issue in a motion filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. AFFIRMED. SAWAYA, ORFINGER, and EVANDER, JJ., concur.

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