Opinion
No. 66133.
June 27, 1985.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance.
Jim Smith, Atty. Gen., and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender and Michael J. Minerva, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
This cause is before the Court pursuant to the jurisdictional grant in article V, section 3(b)(4), Florida Constitution, on the certified question of great public importance we answered in State v. Phillips, 463 So.2d 1136 (Fla. 1985).
The decision of the district court, 456 So.2d 1244, is quashed and the order of the trial court is reinstated.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur.
ADKINS, J., dissents.