State v. Pennington (657 So. 2d 1161, 1995)

SHAW, Justice.

We have for review Pennington v. State, 641 So.2d 187 (Fla. 4th DCA 1994), based on conflict with Ashley v. State, 614 Solid 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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

It is so ordered.

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