Summary
approving the result in Lamoureux based on Melbourne v. State, 679 So.2d 759 (Fla. 1996)
Summary of this case from Bogan v. McNeilOpinion
No. 86670.
September 26, 1996.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — No. 94-02984, Charlotte County.
Karen S. Beavin of Sparkman Quinn, Naples, for Petitioner.
Robert A. Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law and Patricia E. Davenport, Assistant Attorney General, Tampa, for Respondent.
We have for review State v. Lamoureux, 660 So.2d 1063 (Fla. 2d DCA 1995), which expressly and directly conflicts with Salazar v. State, 665 So.2d 1066 (Fla. 4th DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Lamoureux based on Melbourne v. State, 679 So.2d 759 (Fla. 1996).
It is so ordered.
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.