Summerville v. State

Supreme Court of Florida

Summerville v. State

441 So. 2d 1072, 1983 Fla. LEXIS 3226

CourtSupreme Court of Florida

DecidedOctober 13, 1983

DocketNo. 61761

StatusPublished

This text of 441 So. 2d 1072 (Summerville v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Summerville v. State, 441 So. 2d 1072, 1983 Fla. LEXIS 3226 (Fla. 1983).

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Opinions

EHRLICH, Justice.

Petitioner seeks review of a denial of habeas corpus. Summerville v. State, 408 So.2d 836 (Fla. 4th DCA 1982). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution, based on conflict between the First District Court of Appeal, Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979), and the Fourth Dis[1073]*1073trict, State v. Sylvester, 401 So.2d 1123 (Fla. 4th DCA 1981).

This case presents us with the same issue as Miller v. Toles, 442 So.2d 177 (Fla.1983), which issued today. For the reasons set forth in Miller, we grant the writ of habeas corpus and quash the opinion of the court below.

It is so ordered.

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

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