Opinion
No. 44969.
November 6, 1974. Rehearing Denied February 4, 1975.
Writ of Certiorari to the District Court of Appeal, Third District.
Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for petitioner.
Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for respondent.
The same point of law is involved in this cause as was decided today in State v. Johnson, Fla., 306 So.2d 102. On the authority of our decision therein the decision of the District Court of Appeal, Third District, 288 So.2d 537, herein is quashed with direction that on remand further proceedings herein be accorded similarly as directed in State v. Johnson, supra.
It is so ordered.
ADKINS, C.J., and ERVIN, BOYD, DEKLE and OVERTON, JJ., concur.
McCAIN, J., dissents.