Opinion
No. 91-0423.
September 18, 1991. On Rehearing January 22, 1992.
Appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellee.
Reversed and remanded for further proceedings in accord with this court's opinion in State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).
GLICKSTEIN, C.J., and OFTEDAL, RICHARD L., Associate Judge, concur.
ANSTEAD, J., concurs specially.
ON REHEARING
We deny the petition for rehearing and the motion to stay but certify the question involved herein as one of great public importance as recognized in State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991).
GLICKSTEIN, C.J., ANSTEAD, J., and OFTEDAL, RICHARD L., Associate Judge, concur.
I concur but adhere to the views expressed in my special concurrence in State v. Liataud, 587 So.2d 1155 (Fla. 1991).