Brooks v. State

Full title: David BROOKS, Petitioner, v. STATE of Florida, Respondent

Court: Supreme Court of Florida

Date published: May 31, 2001

787 So. 2d 831 (Fla. 2001)

Opinion

No. SC00-858.

May 31, 2001.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict Fifth District — Case No. 5D99-1643 (Brevard County).

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

LEWIS, J.

We have for review Brooks v. State, 753 So.2d 776 (Fla. 5th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000); McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000).

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.

QUINCE, J., dissents.