
    Ray L. MONK, Appellant, v. STATE of Florida, Appellee.
    No. 1D02-4461.
    District Court of Appeal of Florida, First District.
    March 31, 2005.
    Rehearing Denied April 5, 2005.
    Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.
    Charles J. Crist, Jr., Attorney General; Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).

WOLF, C.J., and DAVIS, J., Concur; BROWNING, J., Concurs with written opinion.

BROWNING, J.,

concurring.

I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.  