Opinion
No. 66390.
September 19, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. AZ-407.
Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Jim Smith, Atty. Gen. and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Brown v. State, 460 So.2d 546 (Fla. 1st DCA 1984), which directly conflicts with Whitehead v. State, 450 So.2d 545 (Fla. 3d DCA 1984). Art. V, § 3(b)(3), Fla. Const. On the authority of State v. Whitehead, 472 So.2d 730 (Fla. 1985), we approve the decision below.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD and SHAW, JJ., concur.