State v. Berry

647 So.2d 830 (1994)

STATE of Florida, Petitioner,

v.

Fletcher BERRY, Respondent.

No. 83786.

Supreme Court of Florida.

December 22, 1994.

Robert A. Butterworth, Atty. Gen. and Anne Y. Swing, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender and Megan Olson, Asst. Public Defender, Bartow, for respondent.

OVERTON, Justice.

We have for review Berry v. State, 636 So.2d 555 (Fla. 2d DCA 1994), in which the district court certified the following question as one of great public importance:

DOES TROUTMAN V. STATE, 630 So.2d 528 (FLA. 1993), OVERRULE THE HOLDINGS OF STATE V. RHODEN,…