Spillane v. State

EHRLICH, Justice.

We review a decision of the district court, Spillane v. State, 458 So.2d 838 (Fla. 4th DCA 1984), which conflicts with decisions of other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

*273On the authority of Higdon v. State, 490 So.2d 1252 (Fla.1986), we quash the decision of the court below and remand for action in accord with this opinion.

It is so ordered.

McDonald, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur.