Garcia v. State

867 So. 2d 625, 2004 Fla. App. LEXIS 2852, 2004 WL 433896

Opinion

PER CURIAM.

Affirmed. See Wright v. State, 864 So.2d 1153 (Fla. 2d DCA 2003) (en banc); Harris v. State, 777 So.2d 994 (Fla. 2d DCA 2000). As this court did in Wright, we certify direct conflict with Kirtsey v. State, 855 So.2d 177 (Fla. 1st DCA 2003); Hernandez v. State, 825 So.2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So.2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So.2d 448 (Fla. 1st DCA 2000); Hampton v. State, 764 So.2d 829 (Fla. 1st DCA 2000); and Macias v. State, 614 So.2d 1216 (Fla. 3d DCA 1993).

Affirmed; conflict certified.

NORTHCUTT, COVINGTON, and WALLACE, JJ., concur.