Cole v. State

Supreme Court of Florida

Decided August 30, 1990

Supreme Court of Florida · decided 1990-08-30

Cited by 1 later decisions — most recently November 1990

1 state decisions

Key passage — most relied on by later courts

“We have for review Cole v. State, 550 So.2d 1129 (Fla. 3d DCA 1989), based on certified conflict with Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), or express and direct conflict with State v. Green, 547 So.2d 925 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const. Since the decision below issued, we have overruled that portion of Franklin upon which conflict was certified. State v. Watts, 558 So.2d 994, 1000 (Fla.1990). Thus, on the interpretation of the Youthful Offender Statute, the district court’s opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green , which the state concedes is inconsistent with the views of the district court.”

quoted by 1 later decision, including 569 So. 2d 882 - Cole v. State

Relies on 547 So. 2d 925 - State v. Green · 526 So. 2d 159 - Franklin v. State · 558 So. 2d 994 - The Florida Bar v. Bauman

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-30

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PER CURIAM.

¶1We have for review Cole v. State, 550 So.2d 1129 (Fla. 3d DCA 1989), based on certified conflict with Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), or express and direct conflict with State v. Green, 547 So.2d 925 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const.

¶2Since the decision below issued, we have overruled that portion of Franklin upon which conflict was certified. State v. Watts, 558 So.2d 994, 1000 (Fla.1990). *1354Thus, on the interpretation of the Youthful Offender Statute, the district court’s opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green, which the state concedes is inconsistent with the views of the district court.

¶3It is so ordered.

SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur.