
    Brian P. KENNEDY, Appellant, v. STATE of Florida, Appellee.
    No. 97-1602.
    District Court of Appeal of Florida, Fifth District.
    Nov. 7, 1997.
    Rehearing Denied Dec. 11, 1997.
    Brian P. Kennedy, Belle Glade, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

GOSHORN and THOMPSON, JJ., concur.

GRIFFIN, C. J., dissents with opinion.

GRIFFIN, Chief Judge,

dissenting.

I respectfully dissent. I believe Mr. Kennedy was entitled to an evidentiary hearing on his motion for post-conviction relief based on his allegations of ineffective assistance of trial counsel.  