FRANKIE HAYES, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D03-609.District Court of Appeal of Florida, Fifth District.
Decision filed November 18, 2003.

Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

GRIFFIN, PLEUS and ORFINGER, JJ., concur.

NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.