Legal Opinion

State v. Smith

Supreme Court of Florida

Decided August 24, 1995No. 85221Published

1Opinion of the Court

SHAW, Justice.

We have for review Smith v. State, 649 So.2d 362 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So.2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently addressed this issue in State v. Blackwell, 661 So.2d 282 (Fla.1995). We quash Smith and remand for proceedings consistent with Blackwell.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

2Cases cited3 opinions

  1. Ashley v. StateSupreme Court of Florida · 1993
  2. State v. BlackwellSupreme Court of Florida · 1995
  3. Smith v. StateDistrict Court of Appeal of Florida · 1995