Opinion
No. 53116.
June 22, 1978.
Writ of Certiorari to the District Court of Appeal, Fourth District, 352 So.2d 96.
Alan H. Schreiber, Public Defender, and Stuart M. Lerner, Asst. Public Defender, Fort Lauderdale, for petitioner.
Robert L. Shevin, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for respondent.
The petition for certiorari reflected probable jurisdiction in this Court. We issued the writ.
Upon further consideration of the cause and our recent opinion in Henry v. State, Case No. 52,705, 359 So.2d 864 (Fla., filed June 1, 1978), we conclude that no direct conflict of decisions exists as required by Article V, Section 3(b)(3), Florida Constitution. Therefore, the writ must be and is hereby discharged.
It is so ordered.
OVERTON, C.J., and ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur.