Barber v. State

Full title: TERRY BARBER, Petitioner, v. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Aug 16, 2001

794 So. 2d 1290 (Fla. 2001)

Opinion

No. SC00-649.

Opinion filed August 16, 2001.

Application for Review of the Decision of the District Court of Appeal — Statutory Validity Second District — Case No. 2D99-1464 (Polk County).

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Erica M. Raffel, Assistant Attorney General, Tampa, Florida, for Respondent.

LEWIS, J.

We have for review Barber v. State, 779 So.2d 352 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), 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.