Opinion
No. SC96900
Opinion filed July 13, 2000
Application for Review of the Decision of the District Court of Appeal — Direct Conflict, Fourth District — Case No. 4D98-4144, (Palm Beach County).
Charles W. Musgrove, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, Celia A. Terenzio, Bureau Chief, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, Florida, for Respondent.
We have for review Nagel v. State, 739 So.2d 1242 (Fla. 4th DCA 1999), because it cited as controlling authority Goodwin v. State, 721 So.2d 728 (Fla. 4th DCA 1998), approved in part, disapproved in part, 751 So.2d 537 (Fla. 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla. 1981). We quash the decision below and remand for further proceedings in light of our opinion in Goodwin v. State, 751 So.2d 537 (Fla. 1999).
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
WELLS, C.J., dissents.