Cruz v. State

675 So. 2d 256, 1996 Fla. App. LEXIS 6655, 1996 WL 339106

Opinion

PER CURIAM.

We affirm Mr. Cruz’s convictions without prejudice to his raising the voluntariness of his plea in a properly filed motion for post-conviction relief. See Key v. State, 549 So.2d 816 (Fla. 2d DCA 1989); Counts v. State, 376 (Fla. 2d DCA 1979). We strike the five-year term of probation in count one of case number 94-3399, which follows the twelve-year prison term also imposed in that count. We affirm the five-year term of probation imposed for count two in case number 94-3399, and which follows the prison sentence in count one.

Affirmed as modified.

SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.