Opinion
Case No. 96-2876
Opinion filed April 1, 1998. JANUARY TERM, A.D. 1998 Rehearing Denied June 10, 1998.
An Appeal from the Circuit Court for Dade County, Alex Ferrer, Judge. L.T. No. 95-14556
Bennett H. Brummer, Public Defender and Andrew Stanton, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Douglas J. Glaid (Fort Lauderdale), Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and GREEN, JJ.
Affirmed. Hitchcock v. State, 413 So.2d 741, 744 (Fla. 1982), cert. denied, 459 U.S. 960 (1982); see also State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).
SCHWARTZ, C.J., and GREEN, J., concur.
I would reverse on authority of Hayes v. State, 660 So.2d 257, 265-66 (Fla. 1995); see also Rose v. State, 617 So.2d 291, 297 (Fla. 1993).