Opinion
No. 77074.
January 2, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-1810, Duval County.
Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Fourth Judicial Circuit, Jacksonville, for petitioner.
Robert A. Butterworth, Atty. Gen. and Kathleen E. Moore, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Sallas v. State, No. 90-1810 (Fla. 1st DCA Dec. 10, 1990) (unpublished order), which certified the same question of great public importance answered by this Court in Godwin v. State, 593 So.2d 211 (Fla. 1992). The order below is quashed and this cause is remanded for reconsideration in light of our opinion in Godwin.
It is so ordered.
OVERTON, McDONALD, GRIMES and HARDING, JJ., concur.
BARKETT, J., concurs in result only.
KOGAN, J., concurs in part and dissents in part with an opinion, in which SHAW, C.J., and BARKETT, J., concur.
I concur that this opinion must be quashed and remanded. However, I would order the court below to apply the standard developed in my separate opinion in Godwin v. State, 593 So.2d 211 (Fla. 1992) (Kogan, J., concurring in part, dissenting in part).
SHAW, C.J., and BARKETT, J., concur.