DARIO CASTANEDA CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-06-21
No. 95-01733
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
675 So. 2d 256 Florida District Court of Appeal, Second District (1996)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm Mr. Cruz’s convictions without prejudice to his raising the voluntariness of his plea in a properly filed motion for post-conviction relief. See Key v. State, 549 So. 2d 816 (Fla. 2d DCA 1989); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). We strike the five-year term of probation in count one of case number 94-3399, which follows the twelve-year prison term also imposed in that count. We affirm the five-year term of probation imposed for count two in case number 94-3399, and which follows the prison sentence in count one.

Affirmed as modified.

SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.


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