State v. Allen

335 So.2d 823 (1976)

STATE of Florida, Petitioner,

v.

Tommy Earl ALLEN, Respondent.

No. 47785.

Supreme Court of Florida.

July 21, 1976.

Robert L. Shevin, Atty. Gen., and Jeanne Dawes Schwartz and Joseph W. Lawrence, Asst. Attys. Gen., for petitioner.

Bartley K. Vickers, of Mahon, Farley & Vickers, Jacksonville, for respondent.

ENGLAND, Justice.

This case was brought here by petition for a writ of certiorari alleging direct conflict between the decision of the First District Court of Appeal, reported at 314 So.2d 154, and Sciortino v. State, 115 So.2d 93 (Fla.2d DCA 1959). We find the requisite direct…