
    Joe A. JOHNSON, Appellant, v. STATE of Florida, Appellee.
    No. 97-939.
    District Court of Appeal of Florida, First District.
    Aug. 5, 1997.
    Rehearing Denied Sept. 19, 1997.
    Joe A. Johnson, pro se.
    No appearance for Appellee.
   PER CURIAM.

AFFIRMED.

ERVIN and DAVIS, JJ., concur.

BENTON, J., dissents with opinion.

BENTON, Judge,

dissenting.

I would reverse and remand with directions to treat the motion for rehearing as a motion for leave to amend and grant the same.  