Opinion
No. 74045.
January 11, 1990.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 87-295 (Lee County).
James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for petitioner.
Robert A. Butterworth, Atty. Gen., and David R. Gemmer, Asst. Atty. Gen., Tampa, for respondent.
We accepted Pisano v. State, 539 So.2d 486 (Fla. 2d DCA 1988), based on apparent conflict with decisions of other district courts of appeal. Upon examination of the record and the briefs, we have determined that jurisdiction was granted improvidently. Accordingly, this cause is dismissed.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT.