
    Norman B. HOWARD, Appellant, v. STATE of Florida, Appellee.
    No. 97-233.
    District Court of Appeal of Florida, Fifth District.
    Nov. 7, 1997.
    David S. Morgan of Law Offices of Da-more & Morgan, Daytona Beach, for Appellant.
    Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appel-lee.
   PETERSON, Judge.

Based on Surinach v. State, 676 So.2d 997 (Fla. 3d DCA 1996), we affirm the trial court’s order denying appellant’s motion for post-conviction relief. As in Surinach, the affirmance is without prejudice to the appellant to file, if he has legally sufficient grounds to do so (and desires to do so), a motion to withdraw his plea.

AFFIRMED.

COBB and HARRIS, JJ., concur.  