The record, briefs and argument of counsel have been carefully considered, and the cases cited by appellant given proper consideration, but this court is of the opinion, and so holds, that the holding of the 3rd District Court of Appeal of Florida in Hoskins v. State, 208 So.2d 145, is controlling and applicable in this case and therefore the judgment and sentence appealed from is affirmed.
JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.