Simmons v. State (46 So. 3d 1133, 2010)

PER CURIAM.

DENIED. State v. Lazarte, 906 So.2d 314 (Fla. 4th DCA 2005); see also McKinney v. Yawn, 625 So.2d 885 (Fla. 1st DCA 1993).

BENTON, PADOVANO, and CLARK, JJ., concur.