Opinion
Case No. 3D00-3618
Opinion filed December 19, 2001.
An Appeal from the Circuit Court for Miami-Dade County, Robert N. Scola, Jr., Judge. Lower Tribunal No. 98-33905.
Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Before GODERICH, GREEN and SORONDO, JJ.
We affirm Appellant's conviction and sentence for second degree murder on the authority of this Court's decision in State v. Fahner, 794 So.2d 712 (Fla. 3d DCA 2001). As we did in Fahner, we certify direct conflict withState v. Rutherford, 707 So.2d 1129 (Fla. 4th DCA 1997), Klossett v. State, 763 So.2d 1159 (Fla. 4th DCA 2000), and State v. Johnson, 751 So.2d 183 (Fla. 2d DCA), review granted, 767 So.2d 461 (Fla. 2000).
Affirmed.