Opinion
No. 73766.
September 14, 1989.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions Third District — Case No. 86-3185 (Dade County).
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, Miami, for respondent.
We accepted review of Del Sol v. State, 537 So.2d 693 (Fla.3d DCA 1989), because the decision was certified to be in conflict with Kibler v. State, 501 So.2d 76 (Fla. 5th DCA 1987). This Court has now issued an opinion disapproving the opinion of the Fifth District Court of Appeal in Kibler. Kibler v. State, 546 So.2d 710 (Fla. 1989). The decision below is consistent with our recent opinion in Kibler, and there is no longer any conflict of decisions. We, therefore, discharge the petition for review.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.