State v. Abreau

363 So.2d 1063 (1978)

STATE of Florida, Petitioner,

v.

Jesus N. ABREAU, Respondent.

No. 52064.

Supreme Court of Florida.

May 26, 1978.

Rehearing Denied November 28, 1978.

Robert L. Shevin, Atty. Gen., Tallahassee, and Arthur Joel Berger, Asst. Atty. Gen., Miami, for petitioner.

Geoffrey C. Fleck of Kogen & Kogan, Miami, for respondent.

By petition for a writ of certiorari, we are asked to review a decision of the Third District Court of Appeal, reported at 347 So.2d 819, which conflicts with DeLaine v. State, 262 So.2d 655 (Fla. 1972). We have jurisdiction, and we dispense with oral argument and with…