Darbie v. State

Full title: CLIFF VINCENT DARBIE, Petitioner, v. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Jul 12, 2001

791 So. 2d 1086 (Fla. 2001)

Opinion

No. SC00-1407

Opinion filed July 12, 2001.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance First District — Case No. 1D98-3814 (Escambia County)

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, Florida, for Respondent

LEWIS, J.

We have for review Darbie v. State, 763 So.2d 1243 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000);McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000).

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.

QUINCE, J., dissents.