Summary
In State v. Smith, 616 So.2d 52 (Fla. 1993), the supreme court held that it had answered the certified question in State v. Rucker, 613 So.2d 460 (Fla. 1993), quashed our decision in accordance therewith, and remanded the case for proceedings consistent with Rucker.
Summary of this case from Smith v. StateOpinion
No. 80908.
April 8, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-3620 (Hamilton County).
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief — Criminal Appeals, and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.
We have for review Smith v. State, 608 So.2d 567 (Fla. 1st DCA 1992), wherein the court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla. 1993). We quash Smith and remand for proceedings consistent with Rucker.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.