S.S. v. State

Full title: S.S., A CHILD, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Dec 15, 1994

646 So. 2d 197 (Fla. 1994)

Opinion

No. 82920.

December 15, 1994.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fifth District — Case No. 92-2566 (Brevard County).

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for respondent.

PER CURIAM.

We have for review S.S. v. State, 626 So.2d 341 (Fla. 5th DCA 1993), which expressly relied upon a case pending review in this Court. B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), approved in part, 645 So.2d 987 (Fla. 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; see Jollie v. State, 405 So.2d 418 (Fla. 1981). The opinion below is approved in light of our opinion in B.H.

It is so ordered.

GRIMES, C.J., OVERTON and WELLS, JJ., and McDONALD, Senior Justice, concur.

HARDING, J., concurs in part and dissents in part with an opinion, in which KOGAN, J., concurs.

KOGAN, J., dissents with an opinion, in which SHAW, J., concurs.

HARDING, Justice, concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my separate opinion to B.H., a child v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).

KOGAN, J., concurs.

KOGAN, Justice, dissenting.

I dissent for the reasons stated in my dissent to B.H.

SHAW, J., concurs.