Opinion
No. 54308.
June 28, 1979.
Certiorari to District Court of Appeal, Third District.
Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender, and Paul Morris and Elliot H. Scherker, Asst. Public Defenders, Miami, for respondent.
The decision of the District Court of Appeal, Third District, in Cox v. State, 361 So.2d 168 (Fla. 3d DCA 1978), which is in direct conflict with our recent decision of Clark v. State, 363 So.2d 331 (Fla. 1978), is hereby quashed, and this cause is remanded for further proceedings consistent with our decision in Clark.
It is so ordered.
ADKINS, Acting C.J., and OVERTON, SUNDBERG and HATCHETT, JJ., concur.