Opinion
No. 66450.
July 3, 1985.
An Appeal from the District Court of Appeal, Second District Statutory or Constitutional Invalidity Case No. 84-740.
Jim Smith, Atty. Gen. and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellant.
Jesse J. Bennett, Jr. of Bennett and Bennett, Winter Haven, for appellee.
We approve the decision of the Second District Court of Appeal reported as Moosbrugger v. State, 461 So.2d 1033 (Fla.2d DCA 1985), on the authority of our decision in State v. Jenkins, 469 So.2d 733 (Fla. 1985).
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
ALDERMAN, J., dissents.