Whitfield v. State

452 So.2d 548 (1984)

Clifton Lee WHITFIELD, Petitioner,

v.

STATE of Florida, Respondent.

No. 64051.

Supreme Court of Florida.

June 14, 1984.

Randolph P. Murrell, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for respondent.

SHAW, Justice.

This cause is before us on petition for review of Whitfield v. State, 433 So.2d 1285 (Fla. 1st DCA 1983), which is in express and direct conflict with Jackson v. State, 435 So.2d 984 (Fla. 4th DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Jerry…