Opinion
No. 66061.
October 31, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decision; Fifth District — Case No. 84-193.
James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Jim Smith, Atty. Gen., and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondent.
This case is before the Court on petition for review of the decision of the court below reported as Todd v. State, 455 So.2d 1154 (Fla. 5th DCA 1984). Having accepted the case for review and having carefully considered the petitioner's argument, we approve the decision of the district court of appeal. See State v. Bussey, 463 So.2d 1141 (Fla. 1985).
It is so ordered.
BOYD, C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
ADKINS, J., dissents.