
    STATE of Florida, Petitioner, v. Nathan Russell DARBY, Respondent.
    No. 66616.
    Supreme Court of Florida.
    Feb. 13, 1986.
    Jim Smith, Atty. Gen. and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for petitioner.
    Michael E. Allen, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
   ADKINS, Judge.

We have for review Darby v. State, 463 So.2d 496 (Fla. 1st DCA 1985), in which the court certified to us the same question that we answered in Miner v. Westlake, 478 So.2d 1066 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Accordingly, we approve of the decision of the district court.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.  