Swihart v. State

752 So. 2d 554, 24 Fla. L. Weekly Supp. 608, 1999 Fla. LEXIS 2172, 1999 WL 1190203
Supreme Court of Florida·Decided December 16, 1999·No. No. 94,677·Published

Opinion

PARIENTE, J.

We have for review the opinion in Swihart v. State, 721 So.2d 810 (Fla. 5th DCA 1998), which certified conflict with the opinions in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So.2d 327 (Fla. 2nd DCA 1998). 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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Swihart v. State, 752 So. 2d 554, 24 Fla. L. Weekly Supp. 608, 1999 Fla. LEXIS 2172, 1999 WL 1190203 (Fla. 1999).

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Related

State v. Perry
716 So. 2d 327 (District Court of Appeal of Florida, 1998)
Hayes v. State
750 So. 2d 1 (Supreme Court of Florida, 1999)
State v. Holland
689 So. 2d 1268 (District Court of Appeal of Florida, 1997)
Swihart v. State
721 So. 2d 810 (District Court of Appeal of Florida, 1998)