Opinion
No. 94,934.
Opinion filed December 16, 1999.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions. Fifth District — Case No. 98-1362. (Brevard County).
James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, and Belle B. Schumann and Anthony J. Golden, Assistant Attorneys General, Daytona Beach, Florida, for Respondent.
We have for review the opinion in Wilson v. State, 724 So.2d 696 (Fla. 5th DCA 1999), 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 Fifth 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.