Opinion
No. 80957.
June 24, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 92-00043, Collier County.
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.
Robert A. Butterworth, Atty. Gen., and Anne Y. Swing, Asst. Atty. Gen., Tampa, for respondent.
We have for review James v. State, 613 So.2d 25 (Fla. 2d DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla. 1981). The district court's decision is quashed and the case is remanded for further proceedings consistent with State v. Johnson, 616 So.2d 1 (Fla. 1993).
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.