Opinion
No. 80855.
October 7, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. 91-2904 (Alachua County).
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Crim. Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender and John R. Dixon, Asst. Public Defender, Tallahassee, for respondent.
We review Gaines v. State, 605 So.2d 1030 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision under review is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla. 1993), and the case is remanded for proceedings consistent with our opinion in Rucker.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.