
    David La CROIX, Appellant, v. STATE of Florida, Appellee.
    No. 44704.
    Supreme Court of Florida.
    Jan. 8, 1974.
    Rehearing Denied Feb. 15, 1974.
   Appeal dismissed.

ROBERTS, Acting C. J., and ADKINS, BOYD and McCAIN, JJ., concur.

ERVIN, J., dissents with opinion.

ERVIN, J.,

dissenting:

I would deny the motion to dismiss and treat the notice of appeal as a petition for writ of certiorari.  