State v. Evans

We granted review of Evans v. State, 21 Fla. L. Weekly D1444, — So.2d - [1996 WL 332340] (Fla. 1st DCA June 18, 1996), based on express and direct conflict with San Martin v. State, 591 So.2d 301 (Fla. 2d DCA 1991). However, after closer examination of the two cases, we have determined that there is no express and direct conflict.1 Jurisdiction was therefore improvidently granted and the petition for review is accordingly dismissed.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.. Both Evans and San Martin deal with departure sentences and…