Opinion
No. 58493.
February 26, 1981.
Certiorari to the District Court of Appeal, First District, Case No. NN-228.
Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for petitioner.
Gene S. Taylor, Asst. Public Defender, Tallahassee, for respondent.
Certiorari having been granted on the basis of an express and direct conflict between the district court's decision below, Fields v. State, 377 So.2d 223 (Fla. 1st DCA 1979), and our recent decision in Doerr v. State, 383 So.2d 905 (Fla. 1980), we quash the decision below and remand for further proceedings in light of our Doerr decision.
It is so ordered.
OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
SUNDBERG, C.J., and ADKINS and BOYD, JJ., dissent.