Opinion
No. 52382.
March 8, 1979.
Certiorari to the District Court of Appeal, Third District.
Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, Miami, for petitioner.
Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., Miami, for respondent.
This case is remanded to the Third District Court of Appeal for clarification of its decision, 348 So.2d 676, in light of McCauley v. State ex rel. Fouraker, 273 So.2d 756 (Fla. 1973).
It is so ordered.
ENGLAND, C.J., and OVERTON, SUNDBERG and HATCHETT, JJ., concur.
BOYD, J., dissents.