STATE OF FLORIDA, PETITIONER,
v.
RICHARD SMITH, ETC., RESPONDENT

Fla. | 1995-08-24
No. 85221
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
659 So. 2d 267 Florida Supreme Court (1995)

Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review Smith v. State, 649 So. 2d 362 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently addressed this issue in State v. Blackwell, 661 So. 2d 282 (Fla.1995). We quash Smith and remand for proceedings consistent with Blackwell.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


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