Supreme Court of Florida March 19, 2009, SC06-2291 (Rivera v. State)

PER CURIAM.

We have for review

Rivera v. State,

939 So.2d 1197 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal relied upon its decision in

Yisrael v. State,

938 So.2d 546 (Fla. 4th DCA 2006) (en banc),

disapproved in part,

993 So.2d 952 (Fla. 2008), and certified conflict with the First District Court of Appeal’s decision in

Gray v. State,

910 So.2d 867 (Fla. 1st DCA 2005).