State v. Mott

Supreme Court of Florida

State v. Mott

488 So. 2d 535, 11 Fla. L. Weekly 229, 1986 Fla. LEXIS 2127

Supreme Court of Florida·Decided May 22, 1986·No. No. 67278·Published·Cited by 1 cases

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PER CURIAM.

We granted review of Mott v. State, 469 So.2d 946 (Fla. 5th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). Art. V, § 3(b)(3), Fla. Const.

We quash the decision below and remand for proceedings consistent with Jackson.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON and McDONALD, JJ., concur. BARKETT, J., concurs specially with an opinion, in which EHRLICH, J., concurs. SHAW, J., dissents with an opinion.

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PER CURIAM.

We granted review of Mott v. State, 469 So.2d 946 (Fla. 5th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla.1985). Art. V, § 3(b)(3), Fla. Const.

We quash the decision below and remand for proceedings consistent with Jackson.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON and McDONALD, JJ., concur. BARKETT, J., concurs specially with an opinion, in which EHRLICH, J., concurs. SHAW, J., dissents with an opinion.

State v. Mott, 488 So. 2d 535, 11 Fla. L. Weekly 229, 1986 Fla. LEXIS 2127 (Fla. 1986).

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