BURNEY V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 KELVIN LAMAR BURNEY, Appellant, ** ** vs. ** CASE NO. 3D01-1116 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 95-33208 Appellee. ** Opinion filed October 17, 2001. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Marc Schumacher, Judge. Kelvin Lamar Burney, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ. PER CURIAM. Affirmed on authority of Foster v. State, ____ So. 2d ___ (Fla. 3d DCA Case no. 3D01-2109, opinion filed, September 19, 2001); contra Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000); Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000); see also Booker v. State, 771 So. 2d 1187 (Fla. 1st DCA 2000), review granted, 791 So. 2d 1095 (Fla. 2001).

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