NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KORTNI ROBINSON v. STATE OF FLORIDA

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District Court of Appeal of Florida, Fifth District.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KORTNI ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D14–2908

Decided: September 19, 2014

Kortni Robinson, Florida City, pro se. Pamela Jo Bondi, Attorney General, Tallahassees, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Anderson v. State, 105 So.3d 538 (Fla. 5th DCA 2013) (citing Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2012);  Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012));  see also Francis v. State, 138 So.3d 1098 (Fla. 5th DCA 2014).   We certify that this decision conflicts with the decisions of the Fourth District Court of Appeal in Cotto v. State, 141 So.3d 615 (Fla. 4th DCA), reh'g denied, (July 21, 2014), and of the Second District Court of Appeal in Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).1

PALMER, WALLIS and LAMBERT, JJ., concur.

FOOTNOTES

FN1. The issue in this case is currently on review by the Florida Supreme Court in Falcon v. State, 111 So.3d 973 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla.2013) (unpublished table decision)..  FN1. The issue in this case is currently on review by the Florida Supreme Court in Falcon v. State, 111 So.3d 973 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla.2013) (unpublished table decision).

PER CURIAM.

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