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declining to address the issue lying beyond the scope of conflict jurisdiction
Summary of this case from State v. CastilloOpinion
No. 80439.
March 4, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, First District — Case No. 91-1930 (Escambia County).
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Chief, Appellate Division, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Sr. Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Heidbreder v. State, 603 So.2d 674 (Fla. 1st DCA 1992), based on certified conflict with Tarawneh v. State, 588 So.2d 1006 (Fla. 4th DCA 1991), disapproved, Hayles v. State, 608 So.2d 13 (Fla. 1992). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. On the authority of Hayles, the decision below is approved. We will not address the issue lying beyond the scope of conflict jurisdiction.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.