Opinion
No. 84758.
July 20, 1995.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — No. 93-2404, Volusia County.
Robert A. Butterworth, Atty. Gen., Robin Compton Jones and Bonnie Jean Parrish, Asst. Attys. Gen., Daytona Beach, for petitioner.
James B. Gibson, Public Defender, Susan A. Fagan and Nancy Ryan, Asst. Public Defenders, Daytona Beach, for respondent.
We have for review Santoro v. State, 644 So.2d 585 (Fla. 5th DCA 1994), based on conflict with Ashley v. State, 614 So.2d 486 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
Our decision in State v. Blackwell, No. 84,071, ___ So.2d ___ [1995 WL 424180] (Fla. July 20, 1995), is dispositive of this case. We quash Santoro and remand for proceedings consistent with Blackwell.
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.