Opinion
No. 79793.
November 25, 1992.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Case No. 91-1176 (Brevard County).
James B. Gibson, Public Defender, and Paolo G. Annino and Anne Moorman Reeves, Asst. Public Defenders, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Orr v. State, 597 So.2d 833 (Fla. 5th DCA 1992), based on express and direct conflict with Tarawneh v. State, 588 So.2d 1006 (Fla. 4th DCA 1991). We recently have disapproved Tarawneh and approved the rationale adopted by the District Court below. Hayles v. State, 608 So.2d 13 (Fla. 1992). Accordingly, the opinion under review is approved.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.