STATE OF FLORIDA, PETITIONER,
v.
HARVEY W. DIXON, RESPONDENT

Fla. | 1990-03-15
No. 74608
EHRLICH, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.
558 So. 2d 1001 Florida Supreme Court (1990) Positive Treatment
Cited by 7 cases

Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

We have for review Dixon v. State, 546 So. 2d 1194 (Fla.3d DCA 1989) (on rehearing), which is in express and direct conflict with the Fifth District Court of Appeal’s decision of Franklin v. State, 526 So. 2d 159 (Fla.5th DCA 1988), approved on other grounds, 545 So. 2d 851 (Fla.1989). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

The state raises only one issue for our review. That issue is identical to the one we decide today in State v. Watts, 558 So. 2d 994 (Fla.1990). For the reasons we state in Watts, we approve the decision of the district court below.

It is so ordered.

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


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Cited By

  • State v. Watts, 558 So. 2d 994 (Fla. 1990)
    …nsistent with this opinion. It is so ordered. EHRLICH, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur. . We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. . We decide today State v. Dixon, 558 So. 2d 1001 (Fla.1990). . We decide today State v. Miles, 558 So. 2d 1001 (Fla.1990). . But see Hamilton v. State, 553 So. 2d 387, 389 (Fla. 4th DCA 1989), in which the Fourth District appeared to align itself with the Fifth District’s decision of Franklin v.…
    1 / 2
  • Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)
    …h a firearm and improper exhibition of the same firearm are violative of the double jeopardy clause of the state and federal constitutions. Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989), approved, 558 So. 2d 1001 (Fla.1990); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988), appeal after remand 545 So. 2d 452 (Fla. 3d DCA), review denied 554 So. 2d 1167 (Fla.1989). In conclusion, both the finding by the trial court that Brooks and Lamont are habitual felony…
  • Arnette v. State, 566 So. 2d 1369 (Fla. 5th DCA 1990)
    …t v. State, 549 So. 2d 1138 (Fla. 3d DCA 1989), cause dis’m., 554 So. 2d 1169 (Fla.1989); Kerklin v. State, 548 So. 2d 689 (Fla. 4th DCA 1989), juris, accepted, 557 So. 2d 867 (Fla.1990); Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989), approved, 558 So. 2d 1001 (Fla.1990); Haynes v. State, 545 So. 2d 949 (Fla. 1st DCA 1989); Boffo v. State, 543 So. 2d 435 (Fla. 2d DCA 1989); Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989), approved, 559 So. 2d 1139 (Fla.1990); Hall v. State, 536 So. 2d 268 (Fla. 3d DCA…
    1 / 2

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