State v. Naidus (758 So. 2d 1130, 2000)

PER CURIAM.

Petition for writ of certiorari is denied.

FARMER and TAYLOR, JJ., concur.

GROSS, J., dissents with opinion.

GROSS, J.,

dissenting with opinion.

I would grant the petition based on Banks v. State, 691 So.2d 490 (Fla. 4th DCA), rev. denied, 699 So.2d 1371 (Fla.1997).