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Shaw v. State

Supreme Court of Florida
Feb 2, 1990
555 So. 2d 351 (Fla. 1990)

Opinion

No. 74298.

November 30, 1989. Rehearing Denied February 2, 1990.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance; Fourth District — Case No. 88-2739 (Broward County).

Thomas F. Almon, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for respondent.


We have for review Shaw v. State, 543 So.2d 469 (Fla. 4th DCA 1989), in which the district court affirmed Shaw's conviction and sentence on the authority of State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988), and certified the same question as it certified in Avery. We have discretionary jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed in Bostick v. State, 554 So.2d 1153 (Fla. 1989), we answer the certified question, as rephrased therein, in the affirmative, quash the opinion of the district court, and remand to the district court for proceedings consistent with Bostick.

It is so ordered.

EHRLICH, C.J., and SHAW and KOGAN, JJ., concur.

OVERTON, McDONALD and GRIMES, JJ., dissent.


Summaries of

Shaw v. State

Supreme Court of Florida
Feb 2, 1990
555 So. 2d 351 (Fla. 1990)
Case details for

Shaw v. State

Case Details

Full title:TYRONE E. SHAW, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Feb 2, 1990

Citations

555 So. 2d 351 (Fla. 1990)