State v. Booth

672 So. 2d 35, 21 Fla. L. Weekly Supp. 166, 1996 Fla. LEXIS 596, 1996 WL 169136

Opinions

SHAW, Justice.

We have for review Booth v. State, 654 So.2d 571 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So.2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Our decision in State v. Blackwell, 661 So.2d 282 (Fla.1995), controls. We quash Booth and remand for proceedings consistent with Blackwell.1

It is so ordered.

GRIMES, C.J., and KOGAN, HARDING and WELLS, JJ., concur. ANSTEAD, J., concurs specially with an opinion. OVERTON, J., dissents with an opinion.

Footnotes

1

. The issue raised in the dissent was not an issue in the trial court or district court proceedings, and we do not address it by our decision herein.