Scipio v. State

867 So.2d 427 (2004)

Stephen J. SCIPIO, Appellant,

v.

STATE of Florida, Appellee.

No. 5D02-2240.

District Court of Appeal of Florida, Fifth District.

January 23, 2004.

Rehearing Denied March 18, 2004.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, and Larry B. Henderson, Assistant Public Defender, Holly Hill, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Scipio appeals from a final judgment and sentence after a jury convicted him of first…