Opinion
No. SC00-511.
Opinion filed May 24, 2001.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict Second District — Case No. 2D99-192 (Polk County).
James Marion Moorman, Public Defender, and John C. Fisher, 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 Dale E. Tarpley, Assistant Attorney General, Tampa, Florida, for Respondent.
We have for review Lippett v. State, 756 So.2d 1009 (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.