
    Ashton CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.
    No. 4D10-5373.
    District Court of Appeal of Florida, Fourth District.
    May 23, 2012.
    Clayton R. Kaeiser, Miami, for appellant.
    No appearance required for appellee.
   PER CURIAM.

Affirmed. Rodriguez v. State, 75 So.3d 391 (Fla. 4th DCA 2011); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011) (citing Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011)), rev. granted, 81 So.3d 414 (Fla.2012), disagreed with on other grounds by Lopez v. State, 84 So.3d 389 (Fla. 4th DCA 2012); State v. Green, 944 So.2d 208 (Fla.2006). See also Smith v. State, 85 So.3d 551 (Fla. 4th DCA 2012).

MAY, C.J., POLEN and DAMOORGIAN, JJ., concur.  