Monk v. State (950 So. 2d 424, 2005)

PER CURIAM.

AFFIRMED. See Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).

WOLF, C.J., and DAVIS, J., Concur; BROWNING, J., Concurs with written opinion.

BROWNING, J.,

concurring.

I concur only because Simmons is controlling precedent, but I believe it was incorrectly decided, as stated in my dissent in Simmons.