Opinion
No. 80851.
June 24, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 91-03570, Hillsborough County.
James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.
Robert A. Butterworth, Atty. Gen., and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for respondent.
We review the decision of the district court of appeal, Rhoads v. State, 608 So.2d 817 (Fla. 2d DCA 1992), on the ground of conflict. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla. 1981). The district court's decision is quashed and the case is remanded for further proceedings consistent with State v. Johnson, 616 So.2d 1 (Fla. 1993).
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.