
    STATE of Florida, Petitioner, v. Richard SMITH, etc., Respondent.
    No. 85221.
    Supreme Court of Florida.
    Aug. 24, 1995.
    Robert A. Butterworth, Attorney General, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for petitioner.
    James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.
   SHAW, Justice.

We have for review Smith v. State, 649 So.2d 362 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So.2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently addressed this issue in State v. Blackwell, 661 So.2d 282 (Fla.1995). We quash Smith and remand for proceedings consistent with Blackwell.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.  