State v. Spratling

336 So.2d 361 (1976)

STATE of Florida, Petitioner,

v.

James Lee SPRATLING, Respondent.

No. 47421.

Supreme Court of Florida.

July 28, 1976.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for petitioner.

David J. Busch, Asst. Public Defender, for respondent.

ROBERTS, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, in Spratling v. State, reported at 310 So.2d 306 (Fla.App. 1, 1975), which purportedly conflicts with Smith v. State, 292 So.2d 69 (Fla.App. 3, 1974).

On November 4, 1971, a…