Opinion
No. 82288.
March 24, 1994.
Application for Review of the Decision of the District Court of Appeal, Certified Great Public Importance, Third District, No. 92-1449 (Dade County).
Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.
Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., Hollywood, for respondent.
We review the decision of the district court of appeal in M.H. v. State, 622 So.2d 105 (Fla. 3d DCA 1993), on the ground of certified conflict. Art V, § 3(b)(4), Fla. Const.
On the authority of our recent decision in Brown v. State, 629 So.2d 841 (Fla. 1994), we quash the decision under review and remand for proceedings consistent with our opinion in Brown.
It is so ordered.
BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
McDONALD, J., dissents.