Colbert v. State

BARKETT, Justice.

We initially granted jurisdiction because the decision below, Colbert v. State, 474 So.2d 218 (Fla.2d DCA 1985),* is in express and direct conflict with the decision reported as Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984), approved, 476 So.2d 161 (Fla.1985). See art. V, § 3(b)(3), Fla.Const. We find our recent decision in State v. Jackson, 478 So.2d 1054 (Fla.1985), issued after the jurisdictional briefs were filed in the case at bar, to be determinative.

In a variation on the usual post-Jackson theme, petitioner contends that the trial court erred by sentencing him…