Opinion
No. 78983.
June 25, 1992.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fifth District — Case No. 91-479.
James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and James N. Charles, Asst. Atty. Gen., Daytona Beach, for respondent.
We approve Buckhalter v. State, 587 So.2d 1186 (Fla. 5th DCA 1991), on the authority of Burdick v. State, 594 So.2d 267 (Fla. 1992).
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.