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Dick v. State

Supreme Court of Florida
Mar 25, 1993
622 So. 2d 940 (Fla. 1993)

Opinion

No. 80219.

March 25, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Second District — Case No. 91-03500 (Charlotte County).

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Peggy A. Quince and Donna A. Provonsha, Asst. Attys. Gen., Tampa, for respondent.


We have for review Dick v. State, 601 So.2d 558 (Fla. 2d DCA 1992), in which the court affirmed a sentence based on State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991), quashed, 622 So.2d 941 (Fla. 1993). This Court accepted jurisdiction because Tripp was then pending before this Court. Based on our holding in Tripp, it is clear that jurisdiction in the instant case was improvidently granted because review would be premature. Should Dick violate his probation, he will be entitled to rely on the principle established by our opinion in Tripp. As we can find no other basis for jurisdiction, we dismiss the petition for review.

It is so ordered.

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

NO MOTION FOR REHEARING WILL BE ALLOWED.


Summaries of

Dick v. State

Supreme Court of Florida
Mar 25, 1993
622 So. 2d 940 (Fla. 1993)
Case details for

Dick v. State

Case Details

Full title:JAMES DICK, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Mar 25, 1993

Citations

622 So. 2d 940 (Fla. 1993)