Emshwiller v. State

462 So.2d 457 (1985)

Dude EMSHWILLER, Petitioner,

v.

STATE of Florida, Respondent.

No. 64763.

Supreme Court of Florida.

January 10, 1985.

Jerry Hill, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for petitioner.

Jim Smith, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent.

SHAW, Justice.

This case is before us on petition to review Emshwiller v. State, 443 So.2d 343 (Fla. 2d DCA 1983). We granted review based on conflict with Tobe v. State, 435 So.2d 401 (Fla. 3d DCA 1983). Art. V, § 3(b)(3), Fla. Const.

As stated by the district court below,…