Opinion
No. 80287.
April 8, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-3619 (Leon County).
Elaine D. Hall, Asst. Gen. Counsel, Dept. of Corrections, Tallahassee, for petitioner.
Robert W. Pope of Pope Henninger, P.A., St. Petersburg, for respondent.
We have for review Schmidt v. State, 602 So.2d 684 (Fla. 1st DCA 1992), in which the district court certified the same question we recently answered in the affirmative in Dugger v. Grant, 610 So.2d 428 (Fla. 1992). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In accordance with our decision in Grant, we quash the decision of the district court in the instant case.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.