Opinion
No. 78916.
September 3, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — Case No. 90-2705 (Broward County).
Richard L. Jorandby, Public Defender and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Bureau Chief, Sr. Asst. Atty. Gen. and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for respondent.
Upon the authority of Scates v. State, 603 So.2d 504 (Fla. 1992), we quash State v. Jenkins, 591 So.2d 261 (Fla. 4th DCA 1991), and remand with directions to reinstate Jenkins' probation.
It is so ordered.
BARKETT, C.J., and OVERTON, SHAW and KOGAN, JJ., concur.
GRIMES, J., dissents with an opinion, in which HARDING, J., concurs.
McDONALD, J., dissents.
I dissent for the reasons expressed in my dissenting opinion in Scates v. State, 603 So.2d 504 (Fla. 1992).
HARDING, J., concurs.