
    Willie C. GREEN, Appellant, v. STATE of Florida, Appellee.
    No. 82-39.
    District Court of Appeal of Florida, Fifth District.
    Dec. 8, 1982.
    James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Dayto-na Beach, for appellee.
   PER CURIAM.

AFFIRMED.

ORFINGER, C.J., and COWART, J., concur.

DAUKSCH, J., concurring specially with opinion.

DAUKSCH, Judge,

eoncdrring specially:

I concur this appeal is an affirmance but I write to note that appellant should have first presented the issue to the trial court. Had he done so then we could consider his point on appeal. Perhaps he may find the law would permit the issue still to be raised in the trial court by way of a petition for collateral relief.  