Opinion
No. 93-0590.
February 9, 1994.
Appeal from the Circuit Court for Indian River County; Paul B. Kanarek, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.
Stephen D. Fromang, Vero Beach, for appellee.
We affirm on the authority of State v. Schafer, 583 So.2d 374 (Fla. 4th DCA 1991), appeal dismissed, 598 So.2d 78 (Fla. 1992); State v. Gifford, 558 So.2d 444 (Fla. 4th DCA 1990); and Albo v. State, 477 So.2d 1071 (Fla. 3d DCA 1985). We acknowledge conflict with the decision in Mayberry v. State, 561 So.2d 1201 (Fla. 2d DCA 1990).
DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.