FULMER, Judge.
The issues raised in Beikirich's petition for certiorari have recently been addressed in and are controlled by this court's opinion in Smith v. State, 27 Fla. L. Weekly D2033 (Fla.2d DCA Sept. 11, 2002). In accord with Smith, therefore, we grant the petition, vacate the trial court's order, and remand for further proceedings.
SILBERMAN and KELLY, JJ., Concur.