
    STATE of Florida, Appellant, v. William Scott SCHRADER, Appellee.
    No. KK-288.
    District Court of Appeal of Florida, First District.
    Jan. 16, 1979.
    Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellant.
    Edwin H. Duff, III of Judge & Warren, Daytona Beach, for appellee.
   PER CURIAM.

Upon reviewing the record in this cause, we conclude the facts are controlled by those in Ennist v. Baden, 158 Fla. 141, 28 So.2d 160 (1946). The lower court’s order granting the petition for writ of habeas corpus is therefore

AFFIRMED.

ERVIN, Acting C. J., and MELVIN and BOOTH, JJ., concur.  