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Swihart v. State

Supreme Court of Florida
Dec 16, 1999
752 So. 2d 554 (Fla. 1999)

Opinion

No. 94,677.

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. 98-645. (Brevard County)

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

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


We have for review the opinion in Swihart v. State, 721 So.2d 810 (Fla. 5th DCA 1998), which certified conflict with the opinions in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So.2d 327 (Fla. 2nd DCA 1998). 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.


Summaries of

Swihart v. State

Supreme Court of Florida
Dec 16, 1999
752 So. 2d 554 (Fla. 1999)
Case details for

Swihart v. State

Case Details

Full title:DONALD FRANK SWIHART, Petitioner, vs. STATE OF FLORIDA, Respondent

Court:Supreme Court of Florida

Date published: Dec 16, 1999

Citations

752 So. 2d 554 (Fla. 1999)