GRANT 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, 2005 ALLEN GRANT, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D05-953 ** ** LOWER TRIBUNAL NO. 82-26401 ** Opinion filed December 28, 2005. An Appeal under Florida 9.141(b)(2) from the Circuit Leonard E. Glick, Judge. Rule Court of Appellate Procedure for Miami-Dade County, Marvin D. Wilson, for appellant. Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee. Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. PER CURIAM. While we affirm on the merits, we additionally note that in support of the defendant s argument below he relied on Pinder v. State, 375 So. 2d 836 (Fla. 1979), and Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981). In response, the State argued that there were factual distinctions between the cited cases and the present case, and the trial court agreed. The cases relied upon by the defendant however, are no longer good law. Enmund, 476 So. 2d 165 (Fla. 1985). Affirmed. 2 See State v.
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