State v. Claybourne

Full title: STATE OF FLORIDA, PETITIONER/APPELLANT, v. TYRONE M. CLAYBOURNE…

Court: Supreme Court of Florida

Date published: Jan 21, 1993

616 So. 2d 5 (Fla. 1993)

Opinion

No. 80157.

January 21, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-1472 (Okaloosa County), and An Appeal from the District Court of Appeal — Statutory/Constitutional Invalidity, First District — Case No. 91-1472 (Okaloosa County).

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Sr. Asst. Atty. Gen., Bureau Chief, Criminal Appeals, and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for petitioner/appellant.

Nancy A. Daniels, Public Defender, and Abel Gomez, Asst. Public Defender, Tallahassee, for respondent/appellee.

OVERTON, Justice.

We have for review State v. Claybourne, 600 So.2d 516 (Fla. 1st 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 approve the decision of the district court in the instant case.

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

It is so ordered.

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