Opinion
No. 64621.
January 31, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Third District — Case No. 81-2293.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.
Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent.
We originally accepted jurisdiction in this cause, reported below as Dumas v. State, 439 So.2d 246 (Fla. 3d DCA 1983), on the basis of conflict with Cirio v. State, 440 So.2d 650 (Fla. 2d DCA 1983), and Johnson v. State, 411 So.2d 1023 (Fla. 2d DCA 1982). Upon further review, we find that there is no conflict because of the distinctive factual circumstances in the instant case, and, consequently, no basis for this Court to accept jurisdiction. The petition for review is denied.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
ADKINS, J., dissents.