State v. Toombs

We review Toombs v. State, 605 So.2d 952 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision of the district court of appeal is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla.1993), and the case is remanded for proceedings consistent with Rucker.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.