
    Elbert COMMINGS, Jr., Appellant, v. STATE of Florida, Appellee.
    No. 87-235.
    District Court of Appeal of Florida, Second District.
    Feb. 3, 1988.
    Rehearing Denied March 9, 1988.
    James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.
   PER CURIAM.

We affirm. As to the first point on appeal, see McD. v. State, 422 So.2d 336 (Fla. 3d DCA 1982). As to the second point on appeal, see Barker v. State, 518 So.2d 450 (Fla. 2d DCA 1988), the affirmance in this regard being without prejudice to defendant proceeding under Florida Rule of Criminal Procedure 3.850.

RYDER, A.C.J., and LEHAN and HALL, JJ., concur.  