Opinion
No. SC96588.
Opinion filed November 11, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Fourth District — Case No. 4D98-2995, (Broward County).
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, Assistant Attorney General, and Carol Cobourn Asbury and August A. Bonavita, Assistant Attorneys General, West Palm Beach, Florida, for Petitioner.
Richard L. Jorandby, Public Defender, and Maxine Williams, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Respondent.
We initially accepted for review the Fourth District Court of Appeal's decision in Hogan v. State, 753 So.2d 570 (Fla. 4th DCA 1999), based on certified conflict with the First District Court of Appeal's decisions in McDonald v. State, 578 So.2d 371 (Fla. 1st DCA 1991), and Highsmith v. State, 580 So.2d 234 (Fla. 1st DCA 1991). Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceeding is dismissed.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., Concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.