DONALD COLE, ETC., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. DONALD COLE, RESPONDENT
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PER CURIAM.
We have for review Cole v. State, 550 So. 2d 1129 (Fla. 3d DCA 1989), based on certified conflict with Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988), or express and direct conflict with State v. Green, 547 So. 2d 925 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const. Since the decision below issued, we have overruled that portion of Franklin upon which conflict was certified. State v. Watts, 558 So. 2d 994, 1000 (Fla.1990). Thus, on the interpretation of the Youthful Offender Statute, the district court’s opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green, which the state concedes is inconsistent with the views of the district court.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cole v. State, 569 So. 2d 882 (Fla. 3d DCA 1990)…Offender Statute, the district court’s opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green, which the state concedes is inconsistent with the views of the district court. Cole v. State, 565 So. 2d 1353 (Fla.1990). Upon the required reconsideration, we conclude that, in resentencing Cole to the six year term to which we have already reduced his sentence in that part of our previous opinion, Cole v. State, 550 So. 2d 1129, 1129 (Fla.3d DCA 1989),…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988)
- THE Florida BAR v. Hiram Lee Bauman, 558 So. 2d 994 (Fla. 1990)
- State v. Watts, 558 So. 2d 994 (Fla. 1990)
- Cole v. State, 550 So. 2d 1129 (Fla. 3d DCA 1989)