Sheppard v. State

Supreme Court of Florida

Decided April 15, 1993

Supreme Court of Florida · decided 1993-04-15

Relies on 616 So. 2d 1 - State v. Johnson · State v. Kester

Decided 1993-04-15

OVERTON, Justice.

¶1We have for review State v. Sheppard, 612 So.2d 584, (1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So.2d 1 (Fla.1993).1 In accordance with our decision in Johnson, we quash the decision of the district *991court in the instant case and remand this cause for resentencing.

¶2It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

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