Nazario v. State

Full title: DAMARIS NAZARIO, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Jan 4, 1990

554 So. 2d 515 (Fla. 1990)

Opinion

No. 73665.

January 4, 1990.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions.

Fourth District — Case No. 4-86-2296 (Broward County).

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for respondent.

BARKETT, Justice.

We have for review Nazario v. State, 535 So.2d 295 (Fla. 4th DCA 1988). This case presents the same issue as that presented in Bostick v. State, 554 So.2d 1153 (Fla. 1989). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution. For reasons expressed in Bostick, we quash the opinion of the district court and remand for proceedings consistent therewith.

It is so ordered.

EHRLICH, C.J., and SHAW and KOGAN, JJ., concur.

OVERTON, McDONALD and GRIMES, JJ., dissent.