Supreme Court of Florida, 1986

Spillane v. State

Spillane v. State
Supreme Court of Florida · Decided July 17, 1986 · Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw
491 So. 2d 272; 11 Fla. L. Weekly 357; 1986 Fla. LEXIS 2322 (Southern Reporter, Second Series)

Spillane v. State

Opinion of the Court

EHRLICH, Justice.

We review a decision of the district court, Spillane v. State, 458 So.2d 838 (Fla. 4th DCA 1984), which conflicts with decisions of other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

*273On the authority of Higdon v. State, 490 So.2d 1252 (Fla. 1986), we quash the decision of the court below and remand for action in accord with this opinion.

It is so ordered.

McDonald, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur.

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