AFFIRMED on authority of State v. Barnett, 339 So.2d 1159 (Fla. 2d DCA 1976).
AFFIRMED.
ALDERMAN, J., and PARHAM, HARRY C., Associate Judge, concur.
DOWNEY, J., dissents with opinion.
No. 76-730.
District Court of Appeal of Florida, Fourth District.
May 6, 1977.
Rehearing Denied June 28, 1977.
Robert Randolph, Jr., of Randolph & Randolph, Stuart, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED on authority of State v. Barnett, 339 So.2d 1159 (Fla. 2d DCA 1976).
AFFIRMED.
ALDERMAN, J., and PARHAM, HARRY C., Associate Judge, concur.
DOWNEY, J., dissents with opinion.
dissenting:
I would reverse the judgment appealed from on authority of State v. Ostergard, 343 So.2d 874 (Fla. 3d DCA 1977).
346 So. 2d 1035
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