Ralph M. Hardy v. State Florida

We have for review Hubbard v. State, 23 Fla. L. Weekly D2247 (Fla. 1st DCA Sept. 28, 1998), based upon certified conflict with Melvin v. State, 677 So. 2d 1317 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Hubbard in part and quash it in part, approve Melvin under the reasoning expressed herein, and remand for proceedings consistent herewith.