(specially concurring).
In my judgment, this case is not meaningfully distinguishable from either State v. Witherspoon, 366 So.2d 487 (Fla.3d DCA 1979) or State v. Katz, 372 So.2d 201 (Fla.3d DCA 1979).1 Because, however, I agree with Judge Hubbart’s dissenting opinions in those cases, I concur in the decision to reverse the judgment below.
. The supreme court has granted petitions for direct conflict certiorari in both Witherspoon and Katz but has not yet ruled on the merits.