concurring specially.

I agree with the majority decision discharging the writ of certiorari because the decision of the District Court of Appeal, 333 So.2d 89, First District, is not in conflict with any other decision of this court or any District Court of Appeal in this state. More specifically, their decision does not conflict with Green v. State, 113 Fla. 237, 151 So. 898 (1934).