McClellan v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JAMES WILLIAM McCLELLAN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D04-710 Opinion filed May 21, 2004. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; James R. Thompson, Judge. PER CURIAM. Affirmed. See McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003); Sigafoos v. State, 825 So. 2d 529 (Fla. 2d DCA 2002); Wright v. State, 834 So. 2d 879 (Fla. 3d DCA 2002). As this court did in McCall, we certify direct conflict with Richardson v. State, 28 Fla. L. Weekly D1716 (Fla. 4th DCA July 23, 2003). Affirmed; conflict certified. WHATLEY, NORTHCUTT, and CASANUEVA, JJ., Concur.

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