State v. Johnson (578 So. 2d 69, 1991)

PER CURIAM.

Affirmed. Garcia v. State, 511 So.2d 714 (Fla. 2d DCA 1987); Knight v. State, 506 So.2d 1182 (Fla. 5th DCA 1987).

LETTS and WARNER, JJ., concur.

STONE, J., concurs specially with opinion.

STONE, Judge,

concurring.

I would affirm without prejudice to the state’s seeking a new indictment.