O'Neal v. State

Full title: Eugene R. O'NEAL, Petitioner, v. STATE of Florida, Respondent

Court: Supreme Court of Florida

Date published: Nov 14, 1996

682 So. 2d 1095 (Fla. 1996)

Opinion

No. 87858.

November 14, 1996.

Application for Review of the Decision of the District Court of Appeal — Statutory Validity, Second District — Case No. 95-02732 (Polk County).

James Marion Moorman, Public Defender and Wayne S. Melnick, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for Petitioner.

Robert A. Butterworth, Attorney General; Robert J. Krauss, Bureau Chief — Criminal Appeals, Senior Assistant Attorney General, and Erica M. Raffel, Assistant Attorney General, Tampa, for Respondent.

WELLS, Justice.

We have for review the decision of the district court in State v. O'Neal, 673 So.2d 881 (Fla. 2d DCA 1996), in which the court expressly relied on Jennings v. State, 667 So.2d 442 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

This Court recently approved the district court's decision in Jennings. Jennings v. State, 682 So.2d 144 (Fla. 1996). Accordingly, we approve the district court's decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur.