Opinion
No. 89-0391.
November 28, 1990. Rehearing and Certification Denied January 7, 1991.
Appeal from the Circuit Court for Broward County; Mark Speiser, Judge.
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED. See Farrow v. State, 573 So.2d 161 (Fla. 4th DCA 1990).
HERSEY, C.J., and WARNER, J., concur.
GARRETT, J., concurs specially with opinion.
Although I am bound to follow the en banc opinion of this court in Farrow v. State, 573 So.2d 161 (Fla. 4th DCA 1990), I believe we should follow the minority position expressed in my dissent in Farrow.