Opinion
No. 52617.
September 21, 1978.
Writ of Certiorari to the District Court of Appeal, Second District.
Jack O. Johnson, Public Defender, and W.C. McLain, Asst. Public Defender, Bartow, for petitioner.
Robert L. Shevin, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, Florida, for respondent.
The petition for writ of certiorari [ 349 So.2d 854] reflected apparent jurisdiction in this Court. We issued the writ. Upon further consideration of the cause, we conclude that no direct conflict of decisions exists as required by Article V, Section 3(b)(3), Florida Constitution. Therefore, the writ must be and is hereby discharged.
It is so ordered.
ENGLAND, C.J., and BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.
ADKINS and HATCHETT, JJ., dissent.