Opinion
No. 72915.
February 9, 1989.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case Nos. 88-1520 and 88-1581 (Lee County).
Peter D. Ringsmuth, Fort Myers, for petitioner.
Robert A. Butterworth, Atty. Gen., and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for respondent.
This case, Wise v. State, 528 So.2d 507 (Fla. 2d DCA 1988), presents the same question as Batie v. State, 521 So.2d 295 (Fla. 1st DCA 1988), i.e., whether persons convicted of capital crimes are ineligible for posttrial release. We recently approved Batie, Batie v. State, 534 So.2d 694 (Fla. 1988), and held that convictions of capital crimes preclude posttrial release. We therefore approve Wise.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
BARKETT, J., dissents with an opinion.
I dissent for the reasons expressed in my dissent to Batie v. State, 534 So.2d 694 (Fla. 1988) (Barkett, J., dissenting).