State v. Smith

Full title: STATE OF FLORIDA, PETITIONER, v. DEWAYNE SMITH, RESPONDENT

Court: Supreme Court of Florida

Date published: Jul 20, 1995

657 So. 2d 1160 (Fla. 1995)

Opinion

No. 84427.

July 20, 1995.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — No. 93-2405, Volusia County.

Robert A. Butterworth, Atty. Gen., Robin Compton Jones and Bonnie Jean Parrish, Asst. Attys. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for respondent.

SHAW, Justice.

We have for review Smith v. State, 642 So.2d 69 (Fla. 5th DCA 1994), based on conflict with Ashley v. State, 614 So.2d 486 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Our decision in State v. Blackwell, No. 84,071, ___ So.2d ___ [1995 WL 424180] (Fla. July 20, 1995), controls. We quash Smith and remand for proceedings consistent with Blackwell.

It is so ordered.

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