Supreme Court of Florida, 1986

State v. Stubbs

Supreme Court of Florida · Decided May 8, 1986 · Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

487 So. 2d 1072; 11 Fla. L. Weekly 214; 1986 Fla. LEXIS 2028 (Southern Reporter, Second Series)

Opinion of the Court

OVERTON, Justice.

This is a petition to review Stubbs v. State, 470 So.2d 768 (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.

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.

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