Coleman v. State

Full title: CHARLES EUGENE COLEMAN, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Mar 23, 1993

616 So. 2d 8 (Fla. 1993)

Opinion

No. 80109.

January 21, 1993. Rehearing Denied March 23, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 91-01547 (Polk County).

James Marion Moorman, Public Defender and Timothy J. Ferreri, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Erica M. Raffel and Peggy A. Quince, Asst. Attys. Gen., Tampa, for respondent.

OVERTON, Justice.

We have for review Coleman v. State, 599 So.2d 1285 (Fla. 2d DCA 1992), in which the district court addressed 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 this case and remand this cause for resentencing.

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

It is so ordered.

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