Butler v. State

Full title: WILLIE BUTLER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Jan 21, 1993

616 So. 2d 7 (Fla. 1993)

Opinion

No. 80060.

January 21, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case No. 91-2137 (Orange County).

James B. Gibson, Public Defender and Sophia B. Ehringer, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for respondent.

OVERTON, Justice.

We have for review Butler v. State, 599 So.2d 1295 (Fla. 1992), in which the district court considered the same question we recently answered in State v. Johnson, 616 So.2d 1 (Fla. 1993).¹ In accordance with our decision in Johnson, we quash the decision of the district court in the instant case and remand this cause for resentencing.

1 We have jurisdiction. Art. V, § 3(b)(3)-(4), Fla. Const.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.