Burney v. State

Affirmed on authority of Foster v. State, 794 So.2d 731 (Fla. 3d DCA 2001); contra Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000); Mortimer v. State, 770 So.2d 743 (Fla. 4th DCA 2000); see also Booker v. State, 771 So.2d 1187 (Fla. 1st DCA 2000), review granted, 791 So.2d 1095 (Fla.2001).