We have for review Petit v. State, 634 So.2d 324 (Fla. 5th DCA 1994), which expressly relied upon a case pending review in this Court. B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), approved in part, 645 So.2d 987 (Fla. 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; see Jollie v. State, 405 So.2d 418 (Fla. 1981). The opinion below is approved in light of our opinion in B.H.

It is so ordered.

concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my separate opinion to B.H., a child v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).

KOGAN, J., concurs.

dissenting.

I dissent for the reasons stated in my dissent to B.H.

SHAW, J., concurs.