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HOWARD v. STATE

No. 97-233.

701 So.2d 123 (1997)

Norman B. HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 1997.

Attorney(s) appearing for the Case

David S. Morgan of Law Offices of Damore & Morgan, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, Judge.

Based on Surinach v. State, 676 So.2d 997 (Fla. 3d DCA 1996), we affirm the trial court's order denying appellant's motion for post-conviction relief. As in Surinach, the affirmance is without prejudice to the appellant to file, if he has legally sufficient grounds to do so (and desires to do so), a motion to withdraw his plea.

AFFIRMED.

COBB and HARRIS...

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