Opinion
No. 81519.
February 10, 1994.
Application for Review of the Decision of the District Court of Appeal — Statutory Validity, First District — Case No. 92-406 (Bay County).
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Chief, Appellate Div., Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Criminal Appeals, Asst. Atty. Gen. and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for respondent.
We review Turner v. State, 615 So.2d 819 (Fla. 1st DCA 1993), on the ground that the district court declared a statute valid. Art. V, § 3(b)(3), Fla. Const.
On the authority of Brown v. State, 629 So.2d 841 (Fla. 1994), the decision under review is hereby quashed and the case remanded for further proceedings consistent with our opinion in Brown.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.