Opinion
No. 66032.
October 31, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decision; Fifth District — Case No. 84-346.
James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Jim Smith, Atty. Gen. and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondent.
This case is before us on petition for review of the decision in Brown v. State, 456 So.2d 1335 (Fla. 5th DCA 1984). The issue presented has been fully considered and is controlled by our decision in State v. Bussey, 463 So.2d 1141 (Fla. 1985). The decision of the district court of appeal is approved.
It is so ordered.
BOYD, C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
ADKINS, J., dissents.