Summary
overruling Meadows v. State, 498 So.2d 1018 (Fla. 2d DCA 1986)
Summary of this case from Bankston v. StateOpinion
No. 86-805.
July 29, 1987.
Appeal from the Circuit Court for Polk County; Edward Threadgill, Jr., Judge.
James Marion Moorman, Public Defender, and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
EN BANC
Upon consideration of the instant case, the court has determined to recede from the decision in Meadows v. State, 498 So.2d 1018 (Fla. 2d DCA 1986), and to follow its decision in Lee v. State, 491 So.2d 1289 (Fla. 2d DCA 1986).
Accordingly, the sentence is affirmed.
DANAHY, C.J., and SCHEB, RYDER, CAMPBELL, SCHOONOVER, LEHAN, FRANK and HALL, JJ., concur.