State v. Dougherty

Supreme Court of Florida May 1, 1986

State v. Dougherty, 487 So. 2d 296 (Fla. 1986)

11 Fla. L. Weekly 205; 1986 Fla. LEXIS 2171

Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

Concurring Opinion

EHRLICH, Justice,

concurring specially.

I 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.

SHAW, J., concurs.

Opinion of the Court

OVERTON, Justice.

This is a petition to review Dougherty v. State, 474 So.2d 11 (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.

It 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.

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

Reference

Full Case Name: STATE of Florida v. James DOUGHERTY
Status: Published