SHAWN FITZGERALD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
SHAWN FITZGERALD, PETITIONER,
STATE OF FLORIDA, RESPONDENT
761 So. 2d 319
Florida Supreme Court (2000)
Opinion of the Court
PER CURIAM.
We have for review the decision in Fitzgerald v. State, 708 So. 2d 690 (Fla. 5th DCA 1998), in which the Fifth District cited as controlling authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). We quash the decision below and remand for the Fifth District to consider this case in light of our opinion in Maddox.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- Weinstein v. State, 708 So. 2d 690 (Fla. 5th DCA 1998)