Opinion
No. 51205.
December 21, 1978.
Certiorari to the District Court of Appeal, Fourth District.
Robert L. Shevin, Atty. Gen., and Charles W. Musgrove and Carolyn M. Snurkowski, Asst. Attys. Gen., Tallahassee, for petitioner.
Margaret Good, Asst. Public Defender, Tallahassee, for respondent.
Affirmed. Johnson v. State, 366 So.2d 418 (Fla. 1978); McClain v. State, 366 So.2d 418 (Fla. 1978); Cone v. State, 285 So.2d 12 (Fla. 1973).
It is so ordered.
ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG and HATCHETT, JJ., concur.
ALDERMAN, J., dissents with an opinion.
I dissent for the reasons stated in my dissent in Johnson v. State and McClain v. State, 366 So.2d 418 (Fla. 1978). I would quash the decision of the District Court insofar as it vacates part of defendant's sentence.