Opinion
No. 83-566.
March 21, 1984.
Appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.
Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, and Thomas F. Ball, III (Member, South Carolina Bar), West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant's conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA, 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla. 1981).
REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.
LETTS, GLICKSTEIN and WALDEN, JJ., concur.