Ben v. State

Supreme Court of Florida

Decided September 4, 1986

Supreme Court of Florida · decided 1986-09-04

Relies on Montsdoca v. State · 490 So. 2d 44 - Royal v. State · 461 So. 2d 286 - Ben v. State

Decided 1986-09-04

OVERTON, Justice.

¶1We accepted jurisdiction in this cause, reported as Ben v. State, 461 So.2d 286 (Fla.2d DCA 1985), on the basis of conflict with Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922).* We quash the decision of the district court of appeal on the authority of Royal v. State, 490 So.2d 44 (Fla.1986), and remand to the district court for reconsideration in light of our decision in that case.

¶2It is so ordered.

McDonald, C.J., and ADKINS, EHRLICH and SHAW, JJ., concur.BOYD, J., dissents with an opinion.

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