
    David GREENE, Appellant, v. STATE of Florida, Appellee.
    No. 58536.
    Supreme Court of Florida.
    Sept. 11, 1980.
    Richard L. Jorandby, Public Defender, and Robert C. Fallon, Asst. Public Defender, West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.
   PER CURIAM.

The ruling of the trial court, that section 39.04(2)(e)4, Florida Statutes (Supp.1978), is constitutional, is consistent with the recent decision of this Court in State v. Cain, 381 So.2d 1361 (Fla.1980). Therefore, we find this appeal now to be legally frivolous and transfer this case to the District Court of Appeal, Fifth District, for resolution of the remaining issue.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.  