State v. Smith

SHAW, Justice.

We have for review Smith v. State, 642 So.2d 69 (Fla. 5th DCA 1994), based on conflict with Ashley v. State, 614 So.2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Our decision in State v. Blackwell, No. 84,071, — So.2d - [1995 WL 424180] (Fla. July 20, 1995), controls. We quash Smith and remand for proceedings consistent with Blackwell.

It is so ordered.

*1161GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.