Opinion
No. 80040.
March 4, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions First District — Case No. 91-1469 (Escambia County).
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Criminal Law, and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender and Jamie Spivey, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
We originally accepted for review McClain v. State, 596 So.2d 800 (Fla. 1st DCA 1992), based upon conflict jurisdiction. See art. V, § 3(b)(3), Fla. Const. After further consideration, we have determined that jurisdiction was improvidently granted.
Accordingly, this Court is without jurisdiction to hear this cause and the case is hereby dismissed.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.