We review Gaines v. State, 605 So.2d 1030 (Fla. 1st DCA1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision under review is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla.1993), and the case is remanded for proceedings consistent with our opinion in Ruck-er.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.