Deer v. State

476 So.2d 163 (1985)

Darrell Wayne DEER, Petitioner,

v.

STATE of Florida, Respondent.

No. 66532.

Supreme Court of Florida.

August 29, 1985.

Rehearing Denied October 18, 1985.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for respondent.

We review Deer v. State, 462 So.2d 96 (Fla. 5th DCA 1985), which conflicts with decisions of the other courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The trial…