
    David GRAY, Appellant, v. The STATE of Florida, Appellee.
    No. 90-1002.
    District Court of Appeal of Florida, Third District.
    Feb. 18, 1992.
    David Gray, in pro. per.
    Robert A. Butterworth, Atty. Gen., for appellee.
    Before HUBBART, FERGUSON and GERSTEN, JJ.
   PER CURIAM.

Affirmed.

HUBBART and GERSTEN, JJ., concur.

FERGUSON, Judge

(concurring).

I concur in denying the motion for relief from the judgment of conviction pursuant to Florida Rule of Criminal Procedure 3.850. In light of substantial data compiled elsewhere which suggest that state attorneys are unconstitutionally selective in the use of the habitual offenders statute to enhance sentences, I would leave the sentence question for another time. It has not been decided by this court. See Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991).  