State v. Stubbs

Supreme Court of Florida

Decided May 8, 1986

Supreme Court of Florida · decided 1986-05-08

Relies on 478 So. 2d 1054 - State v. Jackson · 470 So. 2d 768 - Stubbs v. State

Decided 1986-05-08

OVERTON, Justice.

¶1This is a petition to review Stubbs v. State, 470 So.2d 768 (Fla. 1st DCA 1985), which directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla.1985).* We quash the decision of the district court and remand with directions to apply Jackson.

¶2It is so ordered.

BOYD, C.J., and ADKINS, McDONALD and BARKETT, JJ., concur.EHRLICH, J., concurs specially with an opinion, in which SHAW, J., concurs.

¶3We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

EHRLICH, Justice,

¶4concurring specially.

¶5I concur because of this Court’s decision in State v. Jackson, 478 So.2d 1054 (Fla.1985), but I adhere to the views expressed in my dissent therein.

¶6SHAW, J., concurs.