Opinion
No. 81262.
September 16, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-3131 (Okaloosa County).
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for petitioner.
John C. Harrison of John C. Harrison, P.A., Shalimar, for respondent.
We review Higgins v. State, 611 So.2d 604 (Fla. 1st DCA 1993), based on a certified question. Art. V, § 3(b)(4), Fla. Const. We answered the question in State v. Rucker, 613 So.2d 460 (Fla. 1993). We quash the decision under review and remand the case 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.