Opinion
No. 94,801.
Opinion filed December 16, 1999.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions. Fourth District — Case No. 97-3013. (Broward County).
Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, West Palm Beach, and Debra Rescigno, Assistant Attorney General, West Palm Beach, Florida, for Respondent.
We have for review the opinion in Johnson v. State, 23 Fla. L. Weekly D2419 (Fla 4th DCA Oct. 28, 1998), 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.