Opinion
No. 76163.
February 28, 1991.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions.
Flem K. Whited, III, Lambert, Whited Toung, Daytona Beach, for petitioners.
Robert A. Butterworth, Atty. Gen. and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Woods v. State, 561 So.2d 452 (Fla. 5th DCA 1990), based on express and direct conflict with Fieselman v. State, 566 So.2d 768 (Fla. 1990). Because the state has conceded that Fieselman "invalidates the district court decision," we quash the opinion below and remand for reconsideration.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.