Opinion
No. 82612.
October 13, 1994.
Application for Review of the Decision of the District Court of Appeal, Third District, Monroe County, Case Nos. 93-229 93-230 — Direct Conflict of Decisions.
Bennet H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.
Robert A. Butterworth, Atty. Gen. and Leslie Schreiber, Asst. Atty. Gen., Miami, for respondent.
We accepted jurisdiction to review Roberts v. State, 623 So.2d 870 (Fla. 3d DCA 1993), because the district court affirmed with citation to its prior decision Roberts v. State, 611 So.2d 58 (Fla. 3d DCA 1992), which was pending review in this Court. See Jollie v. State, 405 So.2d 418, 420 (Fla. 1981).
Art. V, § 3(b)(3), Fla. Const.
However, we have since approved the first Roberts decision. Roberts v. State, 644 So.2d 81 (Fla. 1994). Thus, because the decision below is consistent with our decision in Roberts and any conflict that may have existed with Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990) has been resolved in favor of the State's position here, we discharge the petition for review.
It is so ordered.
NO MOTION FOR REHEARING WILL BE ALLOWED.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.