Opinion
No. 81911.
January 13, 1994.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case No. 92-92 (Osceola County).
James B. Gibson, Public Defender, and Sophia Ehringer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for respondent.
Petitioner seeks review of the decision of the district court of appeal in State v. Sargent, 617 So.2d 1115 (Fla. 5th DCA 1993). We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution.
Our recent decision in Munoz v. State, 629 So.2d 90 (Fla. 1993), resolved the issue presented in this case. On the authority of Munoz, the decision under review is approved.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.