Public-domain · open source
OpenJurist

662 So. 2d 334

Eanes v. State

Supreme Court of Florida

Decided August 31, 1995

Supreme Court of Florida · decided 1995-08-31

Relies on State v. Roundtree · 637 So. 2d 325 - Roundtree v. State · Eanes v. State

Decided 1995-08-31

PER CURIAM.

¶1We have for review Eanes v. State, 19 Fla.L.Weekly D2254, 1994 WL 561849 (Fla. 1st DCA October 17, 1994), which the First District Court of Appeal certified as being in conflict with Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA), approved, 644 So.2d 1358 (Fla.1994); Jost v. State, 631 So.2d 1131 (Fla. 5th DCA 1994); and Straughan v. State, 636 So.2d 845 (Fla. 5th DCA 1994). Eanes v. State, 648 So.2d 174 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2We recently approved the Fourth District Court of Appeal’s decision in Roundtree. State v. Roundtree, 644 So.2d 1358 (Fla.1994). Accordingly, we quash the decision under review, as it is now in conflict with our decision in Roundtree, and remand for further proceedings consistent with Roundtree.1We approve Jostand Straughanto the extent they are in harmony with our decision in Roundtree.

¶3It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

¶4. We decline to address the State's argument that Eanes' probation was tolled each time an affidavit of violation was filed in this case because the issue was not addressed by the district court.

/662/so2d/334 · .json · Public domain