State v. Avera

Full title: STATE OF FLORIDA, PETITIONER, v. JEFFREY R. AVERA, RESPONDENT

Court: Supreme Court of Florida

Date published: Mar 31, 1988

522 So. 2d 829 (Fla. 1988)

Opinion

No. 71171.

March 31, 1988.

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

Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

OVERTON, Justice.

In accordance with our decision in State v. Van Kooten, 522 So.2d 830 (Fla. 1988), we approve the decision of the Fifth District Court of Appeal in Avera v. State, 512 So.2d 215 (Fla. 5th DCA 1987).^_

_ We have jurisdiction based on conflict with Francis v. State, 487 So.2d 348 (Fla.2d DCA 1986). Art. V, § 3(b)(4), Fla. Const.

It is so ordered.

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