Opinion
No. 81100.
June 24, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-1040, Leon County.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Crim. Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
The Court exercises its jurisdiction under article V, section 3(b)(4), Florida Constitution, to review Arnold v. State, 611 So.2d 21 (Fla. 1st DCA 1992), based on a certified question. The decision under review is quashed and the case remanded for proceedings consistent with State v. Rucker, 613 So.2d 460 (Fla. 1993), in which the question was resolved.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.