Smith v. State

ON MOTION FOR STAY OF MANDATE

GLICKSTEIN, Judge.

The state moved to stay the mandate in Smith v. State, 10 F.L.W. 59 (Fla. 4th DCA Dec. 28, 1984), pending the Florida Supreme Court’s consideration of a petition to review L.S. v. State, 446 So.2d 1148 (Fla. 3d DCA 1984).

Our opinion in Smith hinged on the same question as L.S. v. State. We had thought that the Second District Court of Appeal had correctly interpreted the Florida Supreme Court’s decision in State v. Waters, 436 So.2d 66 (Fla.1983), parting company with the Third and Fifth Districts, whose interpretations were different.

While we…