Opinion
No. 59327.
May 14, 1981.
Application for Review of the Decision of the District Court of Appeal, Direct Conflict of Decisions, Fourth District, Case No. 78-2185.
Roy E. Black and Frank C. Furci, Law Offices of Roy E. Black, Miami, for petitioner.
Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., Miami, and Janet Reno, State Atty. and Arthur Joel Berger, Asst. State Atty., Miami, for respondent.
The decision of the Third District Court of Appeal, 382 So.2d 769, is reversed and remanded for consideration in view of our recent decision in Vagner v. Wainwright, 398 So.2d 448 (Fla. 1981).
It is so ordered.
ADKINS, Acting C.J., and BOYD, OVERTON, ENGLAND and McDONALD, JJ., concur.