Opinion
No. 79374.
June 11, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-1608 (Bay County).
Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender and Paula S. Saunders, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
We quash the decision of the district court in Bennett v. State, 593 So.2d 1069 (Fla. 1st DCA 1992), on the authority of State v. Barnes, 595 So.2d 22 (Fla. 1992), and remand for further proceedings consistent with our decision in Barnes.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.