Jerome Morancy v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 JEROME MORANCY, Appellant, v. CASE NO. 5D03-2614 STATE OF FLORIDA, Appellee. _________________________________/ Opinion filed October 3, 2003 3.800 Appeal from the Circuit Court for Osceola County, Margaret T. Waller, Judge. Jerome Morancy, Orlando, Pro se. No Appearance for Appellee. PER CURIAM. AFFIRMED. See Jackson v. State, 847 So. 2d 1038 (Fla. 5th DCA 2003). We disagree with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), and certify conflict. SHARP, W., and TORPY, JJ., concur. GRIFFIN, J., concurring specially, with opinion. 2 GRIFFIN, J., concurring specially. 5D03-2614 Actually, I do not disagree with Green. My own view, like that of Judge Sawaya, is that Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), was wrongly decided, but since it is the law of this district, we must follow it. Pena v. State, 28 Fla. L. Weekly D2135 (Fla. 5th DCA 2003); Fillyaw v. State, 28 Fla. L. Weekly D2102 (Fla. 5th DCA 2003).
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