Opinion
No. 66209.
June 27, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Second District — Case No. 84-556.
James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Clearwater, for petitioner.
Jim Smith, Atty. Gen. and William E. Taylor, Asst. Atty. Gen., Tampa, for respondent.
The decision of the District Court of Appeal, Second District, in Russell v. State, 458 So.2d 422 (Fla. 2d DCA 1984), is approved on the authority of Weems v. State, 469 So.2d 128 (Fla. 1985).
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.