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STATE v. LARCOMB

No. 91-1329.

589 So.2d 1382 (1991)

STATE of Florida, Appellant, v. Daniel LARCOMB, Appellee.

District Court of Appeal of Florida, Fourth District.

Motion for Certification and Stay of Mandate Denied January 8, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.

Ian S. Seitel of Ian S. Seitel, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

AFFIRMED. See Harris v. State, 352 So.2d 1269 (Fla. 2d DCA 1977).

ANSTEAD, J. concurs.

DOWNEY, J., concurs specially with opinion.

HERSEY, J., dissents with opinion.

DOWNEY, Judge, concurring specially:

I agree wholeheartedly with the rationale of the dissenting opinion because it seems both logical and sensible. Nevertheless, I believe that the state of the law at the present...

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