Opinion
No. 90,047
October 2, 1997
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Third District — Case No. 96-1504 (Dade County).
Robert A. Butterworth, Attorney General and Lara J. Edelstein, Assistant Attorney General, Fort Lauderdale, Florida, for Petitioner.
Bennett H. Brummer, Public Defender and Kenneth P. Speiller, Eleventh Judicial Circuit, Miami, Florida, for Respondent.
We have for review Frye v. State, 690 So.2d 629 (Fla. 3d DCA 1997), which expressly and directly conflicts with White v. State, 618 So.2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So.2d 997 (Fla. 2d DCA 1992); and Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In accordance with our decision in State v. Hudson, 22 Fla. L. Weekly S514 (Fla. Aug. 28, 1997), we approve the decision below.
KOGAN, C.J., and OVERTON, SHAW, HARDING and ANSTEAD, JJ., concur.
WELLS, J., dissents with an opinion, in which GRIMES, J., concurs.
I must dissent for the same reasons stated in my dissent inHudson v. State, 22 Fla. L. Weekly S514 (Fla. Aug. 28, 1997).
GRIMES, J., concurs.