Opinion
No. 80835.
June 24, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. 92-479, Duval County.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Crim. Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and John R. Dixon, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
We review Toombs v. State, 605 So.2d 952 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision of the district court of appeal is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla. 1993), and the case is remanded for proceedings consistent with Rucker.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.