Brannin v. State

EHRLICH, Justice.

We have for our review Brannin v. State, 476 So.2d 245 (Fla. 1st DCA 1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, based on apparent conflict with State v. DiGuilio, No. 65,490 (Fla. Aug. 29, 1985),* and State v. Burwick, 442 So.2d 944 (Fla.1983), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1984). We approve the result reached by the district court below.

Brannin was convicted and sentenced for two counts of first-degree murder, armed burglary, kidnapping and sexual battery. On appeal Brannin alleged that the trial court erred…