Opinion
No. 4D99-3848.
Opinion filed March 22, 2000.
Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patricia W. Cocalis, Judge; L.T. No. 98-18223 (04).
Robert Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for petitioner.
Hilliard E. Moldof, Fort Lauderdale, for respondent.
Petition for writ of certiorari is denied.
FARMER and TAYLOR, JJ., concur.
GROSS, J., dissents with opinion.
I would grant the petition based on Banks v. State, 691 So.2d 490 (Fla. 4th DCA), rev. denied, 699 So.2d 1371 (Fla. 1997).