Opinion
No. 82985.
December 22, 1994.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Fifth District — No. 92-2568 (Brevard County).
James B. Gibson, Public Defender and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review T.L.B. v. State, 626 So.2d 1120 (Fla. 5th DCA 1993), which cited as authority a case pending review in this Court, B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), aff'd in part, 645 So.2d 987 (Fla. 1994). We have jurisdiction, art. V, § 3(b)(3), Fla. Const., and approve the decision on authority of B.H.
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., a child v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).
I dissent for the reasons stated in my separate opinion in B.H. v. State, 645 So.2d 987 (Fla. 1994) (Kogan, J., concurring in part, dissenting in part).
SHAW, J., concurs.