Opinion
No. 80151.
January 21, 1993. Rehearing Denied March 22, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 91-02863 (Hardee County).
James Marion Moorman, Public Defender and Julius Aulisio, Asst. Public Defender, Bartow, for petitioner.
Robert A. Butterworth, Atty. Gen. and Sue R. Henderson, Asst. Atty. Gen., Tampa, for respondent.
We have for review Coon v. State, 605 So.2d 93 (Fla. 2d DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So.2d 1 (Fla. 1993). In accordance with our decision in Johnson, we quash the decision of the district court in the instant case and remand this cause for resentencing.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
We decline to consider the other issue raised by Coon.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.