Opinion
No. 45565.
February 26, 1975.
Writ of Certiorari to the District Court of Appeal, Second District.
Robert L. Shevin, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., for petitioner.
Thomas J. Hanlon, Tampa, for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, in Nettles v. State, reported at 293 So.2d 378 (Fla.App.2d 1974), which directly conflicts with Estevez v. State, 290 So.2d 138 (Fla.App. 3d 1974), decision approved by this Court 313 So.2d 692 (Fla. 1975). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution.
In view of our recent decision in Estevez v. State, supra, the decision of the District Court is quashed and this cause is remanded to the District Court with directions to enter a judgment not inconsistent with this opinion.
It is so ordered.
ADKINS, C.J., ROBERTS, McCAIN and OVERTON, JJ., and CREWS, LEE and McCRARY, Circuit Judges, concur.