RAY L. MONK v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RAY L. MONK, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D02-4461 Appellee. _____________________________/ Opinion filed March 31, 2005. An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General; Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. 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. 2

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