Dial v. State

Full title: SUSAN DIAL, et al. Petitioners, vs. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Dec 16, 1999

752 So. 2d 555 (Fla. 1999)

Opinion

No. 95,507.

Opinion filed December 16, 1999.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict. Fourth District — Case No. 98-2803. (Indian River County).

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, West Palm Beach, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, Florida, for Respondent.

PARIENTE, J.

We have for review Dial v. State, 730 So.2d 813 (Fla. 4th DCA 1999), which expressly and directly conflicts with the opinions in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For reasons expressed in our opinion in Hayes v. State, 24 Fla. L. Weekly S467 (Fla. Oct. 7, 1999), the decision of the Fourth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.