State v. Stubbs (487 So. 2d 1072, 1986)

OVERTON, Justice.

This is a petition to review Stubbs v. State, 470 So.2d 768 (Fla. 1st DCA 1985), which directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla.1985). We quash the decision of the district court and remand with directions to apply Jackson.

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD and BARKETT, JJ., concur.

EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

EHRLICH, Justice,

concurring specially.

I concur because of this Court’s decision in State v. Jackson, 478 So.2d 1054 (Fla.1985), but I adhere to the views expressed in my dissent therein.

SHAW, J., concurs.