
    Thomas Shane HERNDON, Appellant, v. STATE of Florida, Appellee.
    No. 4D06-2307.
    District Court of Appeal of Florida, Fourth District.
    Oct. 4, 2006.
    Thomas Shane Herndon, Sneads, pro se.
    No appearance required for appellee.
   PER CURIAM.

We affirm without prejudice to appellant raising issue III in a timely rule 3.850 motion. See Patterson v. State, 904 So.2d 593 (Fla. 4th DCA 2005); Keifner v. State, 896 So.2d 955 (Fla. 4th DCA 2005); Zuluaga v. State, 793 So.2d 60 (Fla. 4th DCA 2001). As in Patterson, “[w]e do not have a sufficient record to determine whether, if appellant does file a rule 3.850 motion, it would be successive under rule 3.850(f), and this opinion should not be construed as deciding that issue.” Id. at 593; Keifner, 896 So.2d at 956.

STEVENSON, C.J., FARMER and GROSS, JJ., concur.  