Johnson v. State

Supreme Court of Florida

Johnson v. State

482 So. 2d 1376, 11 Fla. L. Weekly 73, 1986 Fla. LEXIS 1664

Supreme Court of Florida·Decided February 20, 1986·No. No. 66919·Published·Cited by 1 cases

Opinion

ADKINS Justice.

We have for review Johnson v. State, 473 So.2d 690 (Fla. 2d DCA 1984), which relies on State v. Akers, 367 So.2d 700 (Fla. 2d DCA 1979), and expressly and directly conflicts with Ramsey v. State, 442 So.2d 303 (Fla. 5th DCA 1983), rev’d 475 So.2d 671 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

[1377] Our recent reversal of Ramsey, and approval of Akers, warrants approval of the decision below.

It is so ordered.

oveRton, McDonald, ehrlich, SHAW and BARKETT, JJ., concur. BOYD, C.J., dissents.

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ADKINS Justice.

We have for review Johnson v. State, 473 So.2d 690 (Fla. 2d DCA 1984), which relies on State v. Akers, 367 So.2d 700 (Fla. 2d DCA 1979), and expressly and directly conflicts with Ramsey v. State, 442 So.2d 303 (Fla. 5th DCA 1983), rev’d 475 So.2d 671 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

[1377] Our recent reversal of Ramsey, and approval of Akers, warrants approval of the decision below.

It is so ordered.

oveRton, McDonald, ehrlich, SHAW and BARKETT, JJ., concur. BOYD, C.J., dissents.

Johnson v. State, 482 So. 2d 1376, 11 Fla. L. Weekly 73, 1986 Fla. LEXIS 1664 (Fla. 1986).

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Opinion

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