(dissenting).
I respectfully dissent. In my view Estes v. State, cited in the majority opinion, controls. I would therefore affirm.
Inasmuch as there is a direct conflict between the decisions of this Court in Lyles v. State and Estes v. State, both cited in the majority opinion, I concur with the certification to the Supreme Court of Florida with the suggestion that it be consolidated or considered with the Lyles and Estes cases.