Opinion
No. 85324.
August 24, 1995. Rehearing Denied December 12, 1995.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Case No. 94-551 (Volusia County).
Robert A. Butterworth, Atty. Gen. and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for petitioner.
James B. Gibson, Public Defender and Nancy Ryan, Asst. Public Defender, Daytona Beach, for respondent.
We have for review Eversole v. State, 651 So.2d 240 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So.2d 486 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently addressed this issue in State v. Blackwell, 20 Fla. L. Weekly S354, 661 So.2d 282 (Fla. 1995). We quash Eversole and remand for proceedings consistent with Blackwell.
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.