Opinion
No. 84149.
January 12, 1995.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 92-02654 (Polk County).
Robert A. Butterworth, Atty. Gen., Robert J. Krauss, Sr. Asst. Atty. Gen., Chief of Criminal Law, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for petitioner.
Domingo G. Alvarez, III, Orlando, for respondent.
We have for review the decision in M.S.P. v. State, 640 So.2d 1202 (Fla. 2d DCA 1994), which certified conflict with the opinion in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The decision below is quashed and the case remanded for reconsideration in light of our opinion in B.H. v. State, 645 So.2d 987 (Fla. 1994).
It is so ordered.
GRIMES, C.J., OVERTON and WELLS, JJ., and McDONALD, Senior Justice, concur.
HARDING, J., concurs in part and dissents in part with an opinion.
KOGAN, J., dissents with an opinion, in which SHAW, J., concurs.
I concur in part and dissent in part for the reasons stated in my separate opinion to B.H. v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).
I dissent for the reasons expressed in my separate opinion in B.H.
SHAW, J., concurs.