Supreme Court of Florida, 1990

Cole v. State

Supreme Court of Florida · Decided August 30, 1990 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

565 So. 2d 1353; 15 Fla. L. Weekly Supp. 429; 1990 Fla. LEXIS 998; 1990 WL 127337 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cole v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We have for review Cole v. State, 550 So.2d 1129 (Fla. 3d DCA 1989), based on certified conflict with Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), or express and direct conflict with State v. Green, 547 So.2d 925 (Fla. 1989). We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const.

Since the decision below issued, we have overruled that portion of Franklin upon which conflict was certified. State v. Watts, 558 So.2d 994, 1000 (Fla. 1990). *1354Thus, on the interpretation of the Youthful Offender Statute, the district court’s opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green, which the state concedes is inconsistent with the views of the district court.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur.

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