
    Leroy SMITH, Petitioner, v. STATE of Florida, Respondent.
    No. 50395.
    Supreme Court of Florida.
    Sept. 30, 1977.
    Rehearing Denied Jan. 31, 1978.
    Michael J. Minerva, Public Defender, Tallahassee, and Louis G. Carres, Asst. Public Defender, Tallahassee, for petitioner.
    Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for respondent.
   PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ but dispensed with oral argument. After a thorough review of the briefs and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the writ of certiorari must be and is hereby discharged.

It is so ordered.

OVERTON, C. J., and ADKINS, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur.

BOYD, J., dissents.  