Owens v. State

598 So.2d 64 (1992)

James C. OWENS, Petitioner,

v.

STATE of Florida, Respondent.

No. 76516.

Supreme Court of Florida.

April 2, 1992.

Rehearing Denied June 9, 1992.

Nancy Daniels, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for respondent.

HARDING, Justice.

We have for review Owens v. State, 563 So.2d 180 (Fla. 1st DCA 1990), based upon conflict with Pope v. State, 561 So.2d 554 (Fla. 1990), and Ree v. State, 565 So.2d 1329 (Fla. 1990), modified, State v. Lyles, 576…