Supreme Court of Florida February 8, 1979, No. 54244 (State v. Mitchell)

ALDERMAN, Justice.

We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So.2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So.2d 324 (Fla.1978), decided after the district court’s decision in this cause was rendered.