Opinion
No. 85294.
October 26, 1995.
Application for Review of the Decision of the District Court of Appeal — Statutory Validity, Fourth District — No. 94-0437, Indian River County.
Robert A. Butterworth, Attorney General; Joan Fowler, Senior Assistant Attorney General, Chief and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for Petitioner.
Richard L. Jorandby, Public Defender; and Ellen Morris and David McPherrin, Assistant Public Defenders, Fifteenth Judicial Circuit, West Palm Beach, for Respondent.
We have for review Bain v. State, 650 So.2d 83 (Fla. 4th DCA 1995), in which the district court addressed the same question we recently answered in State v. Hamilton, 20 Fla. L. Weekly S465, 660 So.2d 1038 (Fla. Sept. 14, 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
In accordance with our decision in Hamilton, we approve the decision of the district court in this case.
Because of our resolution of this issue we decline to address the other issues raised on review.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING WELLS and ANSTEAD, JJ., concur.