Opinion
No. 76-730.
May 6, 1977. Rehearing Denied June 28, 1977.
Appeal from Circuit Court, Martin County; C. Pfeiffer Trowbridge, Judge.
Robert Randolph, Jr., of Randolph Randolph, Stuart, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED on authority of State v. Barnett, 339 So.2d 1159 (Fla. 2d DCA 1976).
AFFIRMED.
ALDERMAN, J., and PARHAM, HARRY C., Associate Judge, concur.
DOWNEY, J., dissents with opinion.
I would reverse the judgment appealed from on authority of State v. Ostergard, 343 So.2d 874 (Fla. 3d DCA 1977).