
    STATE of Florida, Petitioner, v. Danny Burt McCRIMON, Jr., Respondent.
    No. AS-252.
    District Court of Appeal of Florida, First District.
    June 17, 1983.
    
      Jim Smith, Atty. Gen., and Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for petitioner.
    No appearance by respondent.
   PER CURIAM.

Petition and cross-petition for writ of cer-tiorari are denied.

MILLS and SHIVERS, JJ., concur.

BOOTH, J. concurs in part and dissents in part.

BOOTH, Judge,

concurring and dissenting:

I would grant the petition, reinstate the conviction, and reverse the new trial awarded by the circuit court sitting in its appellate capacity. Admission of the evidence complained of, if erroneous, was harmless. As to the cross-petition, I concur with the majority.  