State v. Dilworth

397 So.2d 292 (1981)

STATE of Florida, Petitioner,

v.

Gary L. DILWORTH, Respondent.

No. 58461.

Supreme Court of Florida.

April 9, 1981.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for petitioner.

Steven H. Parton, Asst. Public Defender, Tallahassee, for respondent.

McDONALD, Justice.

This case is before us on a petition for writ of certiorari to review a decision of a district court, reported at 381 So.2d 1125 (Fla. 1st DCA 1979). Because that court's decision conflicts with Leeman v. State, 357 So.2d 703 (Fla. 1978), and Johnson v. State, 351 So.2d 10 (Fla. 1977), we…