
    STATE of Florida, Petitioner, v. Jeffrey R. AVERA, Respondent.
    No. 71171.
    Supreme Court of Florida.
    March 31, 1988.
    Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for petitioner.
    James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.
   OVERTON, Justice.

In accordance with our decision in State v. Van Kooten, 522 So.2d 830 (Fla.1988), we approve the decision of the Fifth District Court of Appeal in Avera v. State, 512 So.2d 215 (Fla. 5th DCA 1987).

It is so ordered.

MCDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur. 
      
      We have jurisdiction based on conflict with Francis v. State, 487 So.2d 348 (Fla.2d DCA 1986). Art. V. § 3(b)(4), Fla.Const.
     