Opinion
No. 80922.
September 16, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 91-02951 (Hillsborough County).
James Marion Moorman, Public Defender and Brad Permar, Asst. Public Defender, Clearwater, for petitioner.
Robert A. Butterworth, Atty. Gen. and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for respondent.
We review Davis v. State, 609 So.2d 131 (Fla. 2d DCA 1992), based on a certified question. Art. V, § 3(b)(4), Fla. Const. We answered the question in Tripp v. State, 622 So.2d 941 (Fla. 1993). The decision of the district court of appeal, insofar as it affected petitioner's sentencing, is quashed and the case is remanded for reconsideration in light of our opinion in Tripp.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.