Curtis v. State

480 So.2d 1277 (1985)

Hugh Miller CURTIS, Petitioner,

v.

STATE of Florida, Respondent.

No. 65891.

Supreme Court of Florida.

September 26, 1985.

Rehearing Denied January 30, 1986.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., and Mark C. Menser and Ellen D. Phillips, Asst. Attys. Gen., Daytona Beach, for respondent.

EHRLICH, Justice.

This case is before us because it is in direct conflict with Ivory v. State, 351 So.2d 26 (Fla. 1977).[1]

Curtis was charged and convicted for aggravated assault…