
    Jeremiah JOHNSON, Petitioner, v. STATE of Florida, Respondent.
    No. 91328.
    Supreme Court of Florida.
    Sept. 4, 1998.
    
      James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Assistant Public Defender, Daytona Beach, for Petitioner.
    Robert A. Butterworth, Attorney General, and David H. Foxman, Assistant Attorney General; Daytona Beach, for Respondent.
   PER CURIAM.

We have for review State v. Johnson, 696 So.2d 880 (Fla. 5th DCA 1997), based upon express and direct conflict with Evans v. State, 546 So.2d 1125 (Fla. 3d DCA 1989). See Art. V, § 3(b)(3), Fla. Const. However, after hearing oral argument, we have determined that jurisdiction was improvidently granted. Accordingly, the petition for review is hereby dismissed.

It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and PARIENTE, JJ, concur.

ANSTEAD, J., dissents.  