Opinion
No. 80954.
December 23, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 92-1053.
Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Porter v. State, 609 So.2d 640 (Fla. 1st DCA 1992), in which the district court of appeal certified the same question we recently answered in the negative in Seabrook v. State, 629 So.2d 129 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed in Seabrook, we once again answer the question in the negative and approve the decision below.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.