Opinion
No. 64640.
January 17, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Third District — Case No. 82-2393.
Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.
Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., Miami, for respondent.
The decision of the district court of appeal, reported as Ruiz v. State, 441 So.2d 1152 (Fla. 3d DCA 1983), is approved on the authority of Maselli v. State, 446 So.2d 1079 (Fla. 1984).
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
ADKINS, J., dissents.