Rivers v. State

Full title: JEROME RIVERS, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Mar 25, 1993

622 So. 2d 940 (Fla. 1993)

Opinion

No. 80141.

March 25, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Second District — Case No. 91-02588 (Hillsborough County).

James Marion Moorman, Public Defender and Julius Aulisio, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen. and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

We review Rivers v. State, 601 So.2d 561 (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). In light of this Court's decision in Tripp, we quash the decision below and remand for proceedings consistent with Tripp.

It is so ordered.

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