STATE OF FLORIDA, PETITIONER,
v.
DEWAYNE SMITH, RESPONDENT

Fla. | 1995-07-20
No. 84427
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
657 So. 2d 1160 Florida Supreme Court (1995) Positive Treatment
Cited by 1 case


Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review Smith v. State, 642 So. 2d 69 (Fla. 5th DCA 1994), based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Our decision in State v. Blackwell, No. 84,071, — So. 2d - [1995 WL 424180] (Fla. July 20, 1995), controls. 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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    …PER CURIAM. Following the decision of the Supreme Court of Florida in State v. Fernandez, 657 So. 2d 1160 (Fla.1995), the matter recurs in this court on the original petition and response and pursuant to State v. Fernandez, supra, we do now quash the trial court’s order denying victim impact evidence, which is the subject matter of this proceeding.…

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