Opinion
Nos. 74213, 74299.
August 30, 1990.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions — Two Consolidated Cases, Third District — Case No. 87-2387, Dade County.
Sharon Jacobs Brown of Sharon Jacobs Brown, P.A., Miami, for petitioner/respondent.
Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent/petitioner.
We have for review Cole v. State, 550 So.2d 1129 (Fla. 3d DCA 1989), based on certified conflict with Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), or express and direct conflict with State v. Green, 547 So.2d 925 (Fla. 1989). We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const.
Since the decision below issued, we have overruled that portion of Franklin upon which conflict was certified. State v. Watts, 558 So.2d 994, 1000 (Fla. 1990). Thus, on the interpretation of the Youthful Offender Statute, the district court's opinion is approved. However, we quash the remainder of the opinion below for reconsideration in light of Green, which the state concedes is inconsistent with the views of the district court.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.