BAUMGARDNER v. STATE

PER CURIAM.

Upon the authority of Scates v. State, 603 So.2d 504 (Fla. 1992), we quash State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991), and remand with directions to reinstate Baumgardner's probation.

It is so ordered.

BARKETT, C.J., and OVERTON, SHAW and KOGAN, JJ., concur.

GRIMES, J., dissents with an opinion, in which HARDING, J, concur.

McDONALD, J., dissents.

GRIMES, Justice, dissenting.

I dissent for the reasons expressed in my dissenting opinion in Scates v. State, 603 So.2d 504 (Fla. 1992).

HARDING, J., concurs.