Opinion
No. SC96357.
Opinion filed January 6, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Fourth District — Case No. 4D98-3578 (Palm Beach County).
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, Florida, for Respondent.
We have for review the opinion in Bowen v. State, 736 So.2d 1283 (Fla. 4th DCA 1999), which certified conflict with the opinions in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 24 Fla. L. Weekly S467 (Fla. Oct. 7, 1999), the decision of the Fourth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.