Potts v. State

Full title: JAMES WILLIAM POTTS, Petitioner, vs. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Dec 16, 1999

752 So. 2d 554 (Fla. 1999)

Opinion

No. 93,546.

Opinion filed December 16, 1999.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions. Fifth District — Case No. 98-114. (Marion County).

Ronald E. Fox, Umatilla, Florida; and Robert Augustus Harper and Steven Brian Whittington of Robert Augustus Harper Law Firm, P.A., Tallahassee, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

PARIENTE, J.

We have for review the opinion in Potts v. State, 710 So.2d 1387 (Fla. 5th DCA 1998), which certified conflict with the opinion in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 24 Fla. L. Weekly S467 (Fla. Oct. 7, 1999), the decision of the Fifth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.