Opinion
No. 80203.
December 3, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — Case Nos. 91-2344 and 91-2739 (Palm Beach County).
Richard L. Jorandby, Public Defender and Barbara A. White, Asst. Public Defender, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and Joan Fowler, Bureau Chief and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for respondent.
We review State v. Fox, 600 So.2d 55 (Fla. 4th DCA 1992), in which the court certified the same question answered by this Court in Scates v. State, 603 So.2d 504 (Fla. 1992). Upon the authority of Scates, we answer the certified question in the affirmative. We quash the decision below and remand with directions to reinstate Fox's probation.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.