¶1Clinton H. Coulter, Jr. of Duvall & Coulter, Tallahassee, for petitioner.
¶2Jim Smith, Atty. Gen. and A.S. Johnston and Miguel A. Olivella, Jr., Asst. Attys. Gen., Tallahassee, for respondent.
¶3PER CURIAM.
¶4Pursuant to article V, section 3(b)(3), Florida Constitution (1972), we accepted jurisdiction to resolve the conflict between the decision of the First District Court of Appeal in the instant case, 380 So.2d 457, and the decision of the Fourth District Court of Appeal in St. John v. State,363 So.2d 862 (Fla. 4th DCA 1978). We have since resolved the issue in State v. Webb,398 So.2d 820 (Fla. 1981). The decision of the instant district court is in agreement with our decision. We have also considered petitioner's attack on the legality of the instant search and seizure and have determined it to be without merit. Accordingly, the petition for certiorari is denied.
¶5It is so ordered.
¶6BOYD, OVERTON, ALDERMAN and McDONALD, JJ., concur.
¶7ADKINS, Acting C.J., dissents.