Morancy v. State (855 So. 2d 278, 2003)

PER CURIAM.

AFFIRMED. See Jackson v. State, 847 So.2d 1038 (Fla. 5th DCA 2003). We disagree with Green v. State, 839 So.2d 748 (Fla. 2d DCA 2003), and certify conflict.

SHARP, W., and TORPY, JJ., concur.

GRIFFIN, J., concurring specially, with opinion.

GRIFFIN, J.,

concurring specially.

Actually, I do not disagree with Green. My own view, like that of Judge Sawaya, is that Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), was wrongly decided, but since it is the law of this district, we must follow it. Pena v. State, 853 So.2d 1120 (Fla. 5th DCA 2003); Fillyaw v. State, 853 So.2d 590 (Fla. 5th DCA 2003).