Opinion
No. 77059.
September 19, 1991.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. 89-158, Leon County.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief-Criminal Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
We have for review Gibson v. State, 568 So.2d 977 (Fla. 1st DCA 1990), based on express and direct conflict with State v. Smith, 573 So.2d 306 (Fla. 1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The opinion below is quashed, and this cause is remanded for reconsideration in light of Smith. The other issue raised by the parties is beyond the scope of the conflict, and we will not address it here.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.