Opinion
No. 80298.
February 4, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Third District — Case No. 91-3057 (Monroe County)
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, Miami, for petitioner.
Robert A. Butterworth, Atty. Gen. and Joan L. Greenberg, Asst. Atty. Gen., Miami, for respondent.
We have for review Hamilton v. State, 603 So.2d 606 (Fla. 3d DCA 1992), based on certified conflict with Tarawneh v. State, 588 So.2d 1006 (Fla. 4th DCA 1991), review denied, 598 So.2d 78 (Fla. 1992), disapproved, Hayles v. State, 608 So.2d 13 (Fla. 1992). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Based on Hayles, the decision below is approved.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.