Opinion
No. 81081.
June 24, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-2868, Escambia County.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Crim. Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Second Judicial Circuit, Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
We have for review Davis v. State, 609 So.2d 175 (Fla. 1st DCA 1992), based on a certified question. Art. V, § 3(b)(4), Fla. Const. The decision under review is quashed and the case remanded for proceedings consistent with State v. Rucker, 613 So.2d 460 (Fla. 1993).
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.