Opinion
No. 86082.
February 1, 1996. Rehearing Denied May 1, 1996.
Application for Review of the Decision of the District Court of Appeal, Certified Direct Conflict of Decisions Fourth District, No. 94 1709 (St. Lucie County).
Richard L. Jorandby, Public Defender and Cherry Grant, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Petitioner.
Robert A. Butterworth, Attorney General and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for Respondent
We have for review Washington v. State, 655 So.2d 239 (Fla. 4th DCA 1995), wherein the court certified conflict with Bell v. State, 624 So.2d 821 (Fla. 2d DCA 1993), review denied, 634 So.2d 622 (Fla. 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We find the two cases distinguishable. We approve Washington.
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, WELLS and ANSTEAD, JJ., concur.
HARDING, J., concurs in the result.