Miller v. State (616 So. 2d 15, 1993)

OVERTON, Justice.

We have for review Miller v. State, 595 So.2d 1112 (Fla. 2d DCA 1992), in which the district court certified the same question we answered in the negative in Gayman v. State, 616 So.2d 17 (Fla.1993). For the reasons expressed in Gayman, we approve the decision below.

It is so ordered.

McDonald, shaw, grimes, kogan and HARDING, JJ., concur.

BARKETT, C.J., dissents with an opinion.

. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

BARKETT, Chief Justice,

dissenting.

I dissent for the reasons expressed in my separate opinion in Gayman v. State, 616 So.2d 17 (Fla.1993).