
    Robert John ERLER, Petitioner, v. STATE of Florida, Respondent.
    No. 40505.
    Supreme Court of Florida.
    June 30, 1971.
    Joseph A. Varón, of Varón & Stahl, Hollywood, for petitioner.
    Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for respondent.
   PER CURIAM.

Writ of certiorari having been heretofore issued, argument having been heard, and the Court having examined the record and briefs, it appears the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.

It is so ordered.

ROBERTS, C. J., and CARLTON, ADKINS, BOYD, DEKLE and DREW (Retired), JJ., concur.

ERVIN, J., dissents with opinion.

ERVIN, Justice

(dissenting).

I dissent from the discharge of writ and adopt as my opinion Judge McCain’s dissenting opinion in Erler v. State, Fla.App.1970, 241 So.2d 202.  