Opinion
No. 97-895
Opinion filed June 1, 1998.
An appeal from the Circuit Court for Bay County. Don Sirmons, Judge.
Nancy A. Daniels, Public Defender, and Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
AFFIRMED. See Scott v. State, 700 So.2d 470 (Fla. 1st DCA 1997), review granted, (Fla. Feb. 5, 1998, No. 91,378); Ramirez v. State, 677 So.2d 95 (Fla. 1st DCA 1996); State v. Scott, 692 So.2d 234 (Fla. 5th DCA (1997); White v. State, 689 So.2d 371, 372 (Fla. 2d DCA), review granted, 696 So.2d 343 (Fla. 1997).
We certify that the decision in this case conflicts with the decisions in State v. Walton, 693 So.2d 135 (Fla. 4th DCA 1997),review granted, 698 So.2d 849 (Fla. 1997), and Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996), on the same point of law.
BARFIELD, C.J., JOANOS and WOLF, JJ., CONCUR.