Washington v. State

We have for review Washington v. State, 732 So.2d 1225 (Fla. 1st DCA 1999), which cited as controlling authority Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998) 1 a case we accepted for review and recently decided. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981). For the reasons stated below, we quash the decision under review and direct that Washington’s conviction be reversed.

August 22,1996, Shawn Washington was sitting on a guardrail at the 2500 block of Texas Street in Tallahassee, Florida. Two other people were near him at this rail.…