new trial.
REVERSED and REMANDED.
WENTWORTH and WIGGINTON, JJ., concur.
*1265 ON MOTION FOR REHEARING SHIVERS, Judge.
Appellee's motion for rehearing is denied.
We certify the following question to the Florida Supreme Court as a question of great public importance:
DOES THE LANGUAGE OF ANDERS V. CALIFORNIA, 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] (1967) STATING: "IF [THE COURT] FINDS ANY OF THE LEGAL POINTS ARGUABLE ON THEIR MERITS (AND THEREFORE NOT FRIVOLOUS) IT MUST, PRIOR TO DECISION, AFFORD THE INDIGENT THE ASSISTANCE OF COUNSEL TO ARGUE THE APPEAL" REQUIRE THAT THE PARTIES BE ALLOWED TO SUBMIT APPELLATE BRIEFS REGARDING THE MERITORIOUS LEGAL POINTS PRIOR TO DECISION? WENTWORTH and WIGGINTON, JJ., concur.
NOTES [1] We recognize that a question as to "current residence" may not be correctly framed to reach the pertinent fact.