Weems v. State

469 So.2d 128 (1985)

Isaac WEEMS, Petitioner,

v.

STATE of Florida, Respondent.

No. 65593.

Supreme Court of Florida.

May 9, 1985.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Clearwater, for petitioner.

Jim Smith, Atty. Gen., and James H. Dysart, Asst. Atty. Gen., Tampa, for respondent.

ALDERMAN, Justice.

We review the decision of the District Court of Appeal, Second District, in Weems v. State, 451 So.2d 1027 (Fla. 2d DCA 1984), which expressly and directly conflicts with the Fourth District's decision in Harvey v. State, 450 So.2d…