SCHMIEL v. STATE

No. 97-3317.

710 So.2d 1388 (1998)

Anthony SCHMIEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 19, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

AFFIRMED on the authority of Ferry v. State, 701 So.2d 660 (Fla. 5th DCA 1997); Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996). We again certify conflict with Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996).

COBB and GOSHORN, JJ., and ORFINGER, M., Senior...

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