829 So. 2d 289 (2002) Jose PENA, Appellant, v. STATE of Florida, Appellee. No. 2D01-1066. District Court of Appeal of Florida, Second District. October 18, 2002. *291 James Marion Moorman, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Jose Pena appeals his judgment for first-degree murder and his sentence..