JOHNSON v. STATE, 473 So.2d 690 (Fla.App. 2 Dist. 1985)

RAYMOND EUGENE JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 84-2037.District Court of Appeal of Florida, Second District.
March 8, 1985. Rehearing Denied April 12, 1985.

Appeal from Circuit Court, Polk County; Oliver L. Green, Jr., Judge.

James Marion Moorman, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See State v. Akers, 367 So.2d 700 (Fla. 2d DCA 1979).

RYDER, C.J., and OTT and CAMPBELL, JJ., concur.

ON MOTION FOR REHEARING AND/OR CERTIFICATION OF CONFLICT
PER CURIAM.

We deny the motion for rehearing.

In affirming by adhering to the authority of State v. Akers, 367 So.2d 700 (Fla. 2d DCA 1979), we continue to be in conflict with Ramsey v. State, 442 So.2d 303 (Fla. 5th DCA 1983).

RYDER, C.J., and OTT and CAMPBELL, JJ., concur.

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