Opinion
No. 49721.
February 23, 1977. Rehearing Denied May 31, 1977.
Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski and Charles W. Musgrove, Asst. Attys. Gen., for petitioner.
Louis G. Carres, Asst. Public Defender, for respondent.
The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the writ must be and it is hereby discharged, and the petition for writ of certiorari is dismissed.
It is so ordered.
OVERTON, C.J., and BOYD, ENGLAND and HATCHETT, JJ., concur.
KARL, J., concurs specially with opinion.
I agree with the majority decision discharging the writ of certiorari because the decision of the District Court of Appeal, 333 So.2d 89, First District, is not in conflict with any other decision of this court or any District Court of Appeal in this state. More specifically, their decision does not conflict with Green v. State, 113 Fla. 237, 151 So. 898 (1934).