
    Derrick ACKERS, Petitioner, v. STATE of Florida, Respondent.
    No. 80037.
    Supreme Court of Florida.
    Feb. 25, 1993.
    
      James B. Gibson, Public Defender, and Paolo G. Annino and Anne Moorman Reeves, Asst. Public Defenders, Seventh Judicial Circuit, Daytona Beach, for petitioner.
    Robert A. Butterworth, Atty. Gen., and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for respondent.
   PER CURIAM.

We originally accepted State v. Ackers, 599 So.2d 222 (Fla. 5th DCA 1992), based on apparent conflict with McPhadder v. State, 475 So.2d 1215 (Fla.1985). Upon further review we find these two cases factually distinguishable. Accordingly, jurisdiction was improvidently granted, and this cause is dismissed.

It is so ordered.

BARKETT, C.J., and OVERTON, MCDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.  