State v. Rhoden

448 So.2d 1013 (1984)

STATE of Florida, Petitioner,

v.

Learnhart RHODEN, Respondent.

No. 62918.

Supreme Court of Florida.

April 5, 1984.

Jim Smith, Atty. Gen., David T. Weisbrod and Robert J. Krauss, Asst. Attys. Gen., Tampa, for petitioner.

Jack D. Hoogewind, Ridge Manor, for respondent.

OVERTON, Justice.

This is a petition to review a decision of the Second District Court of Appeal reported as Rhoden v. State, 421 So.2d 780 (Fla. 2d DCA 1982), which directly conflicts with Glenn v. State, 411 So.2d 1367 (Fla. 5th DCA 1982); Burley v. State, 402 So.2d 73 (Fla. 5th DCA 1981); and Dunman v. State, 400…