STATE OF FLORIDA, PETITIONER,
v.
THERION FRIERSON, RESPONDENT

Fla. | 1989-04-27
No. 71102
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
542 So. 2d 983 Florida Supreme Court (1989) Negative Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We accepted review of the Fifth District Court of Appeal’s opinion in Frierson v. State, 511 So. 2d 1016 (Fla. 5th DCA 1987), because of direct and express conflict with McCuiston v. State, 507 So. 2d 1185 (Fla. 2d DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Upon review of McCuiston, we approved the decision of the second district court in that case, and specifically disapproved the decision of the court below in this case, holding that our decision in Whitehead v. State, 498 So. 2d 863 (Fla.1986), should not be given retrospective application. McCui-ston v. State, 534 So. 2d 1144 (Fla.1988). The fifth district court applied Whitehead retrospectively. Accordingly, we quash that opinion and remand this case for proceedings consistent with this opinion and our opinion in McCuiston.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.


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  • Lipscomb v. State, 573 So. 2d 429 (Fla. 5th DCA 1991)
    ….1989); Young v. State, 519 So. 2d 719 (Fla. 5th DCA 1988), quashed in, Lambert v. State, 545 So. 2d 838 (Fla.1989); Frierson v. State, 511 So. 2d 1016 (Fla. 5th DCA 1987), disapproved in, McCuiston v. State, 534 So. 2d 1144 (Fla.1988), and quashed, 542 So. 2d 983 (Fla.1989); Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985), quashed, 500 So. 2d 134 (Fla. 1986); Lerma v. State, 476 So. 2d 275 (Fla. 5th DCA 1985), quashed, 497 So. 2d 736 (Fla.1986); Hankey v. State, 458 So. 2d 1143 (Fla. 5th DCA 1984), quashed…

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