¶1AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).
¶2concurring.
¶3I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.
950 So. 2d 424
Monk v. State
District Court of Appeal of Florida
Decided March 31, 2005
District Court of Appeal of Florida · decided 2005-03-31
Relies on 886 So. 2d 399 - Simmons v. State
Decided 2005-03-31