ASHTON CUNNINGHAM v. STATE OF FLORIDA (2012)

District Court of Appeal of Florida, Fourth District.

ASHTON CUNNINGHAM, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D10–5373

Decided: May 23, 2012

Affirmed. Rodriguez v. State, 75 So.3d 391 (Fla. 4th DCA 2011); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011) (citing Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011)), rev. granted, 81 So.3d 414 (Fla.2012), disagreed with on other grounds by Lopez v. State, 37 Fla. L. Weekly D675 (Fla. 4th DCA Mar. 21, 2012); State v. Green, 944 So.2d 208 (Fla.2006). See also Smith v. State, 37 Fla. L. Weekly D859 (Fla. 4th DCA Apr. 11, 2012).

May, C.J., Polen and Damoorgian, JJ., concur.

* * *

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. 96–22741 CF10A.

Clayton R. Kaeiser, Miami, for appellant.

No appearance required for appellee.

Per Curiam.

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