Supreme Court of Florida, 1999

Potts v. State

Potts v. State
Supreme Court of Florida · Decided December 16, 1999 · Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells
752 So. 2d 554; 24 Fla. L. Weekly Supp. 607; 1999 Fla. LEXIS 2168; 1999 WL 1190544 (Southern Reporter, Second Series)

Potts v. State

Opinion of the Court

PARIENTE, J.

We have for review the opinion in Potts v. State, 710 So.2d 1887 (Fla. 5th DCA 1998), which certified conflict with the opinion in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 750 So.2d 1 (Fla. 1999), the decision of the Fifth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion. It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.

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