Opinion
No. 53115.
March 22, 1979.
Certiorari to the District Court of Appeal, First District, 352 So.2d 535.
Jim Smith, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, for petitioner.
Robert W. Elrod, Jacksonville, for respondent.
We issued a writ of certiorari in this case based upon an alleged conflict between the decision in this case, reported at 333 So.2d 89 (Fla. 1st DCA 1976), and State v. Sampson, 317 So.2d 782 (Fla. 3d DCA 1975).
We are of the judgment that the conflict was resolved by State v. Williams, 350 So.2d 81 (Fla. 1977).
Accordingly, the writ is discharged.
ENGLAND, C.J., and BOYD, SUNDBERG and HATCHETT, JJ., concur.
ADKINS, OVERTON and ALDERMAN, JJ., dissent.