Opinion
No. 91622.
August 20, 1998.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions (Dade County) Third District — No. 96-2199
Bennett H. Brummer, Public Defender, and Louis K. Nicholas II, Special Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Petitioner
Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, Fort Lauderdale, Florida, for Respondent
We accepted review of Plaza v. State, 699 So.2d 289 (Fla. 3d DCA 1997), on the basis of express and direct conflict with the decisions in Melbourne v. State, 679 So.2d 759 (Fla. 1996), and State v. Johans, 613 So.2d 1319 (Fla. 1993). See Art. V, § 3(b)(3), Fla. Const. However, after hearing oral argument, we have determined that jurisdiction was improvidently granted. Accordingly, the petition for review is hereby dismissed.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and PARIENTE, JJ., concur.
ANSTEAD, J., dissents.
NO MOTION FOR REHEARING WILL BE ALLOWED.