State v. Miles

558 So.2d 1001 (1990)

STATE of Florida, Petitioner,

v.

James MILES, etc., Respondent.

No. 73841.

Supreme Court of Florida.

March 15, 1990.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Debora J. Turner, Asst. Attys. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, Miami, for respondent.

BARKETT, Justice.

We have before us for review Miles v. State, 536 So.2d 262 (Fla. 3d DCA 1988), which is in express and direct conflict with the Fifth District Court of Appeal's decision of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA…