Sitar v. State

Full title: GARY EDWIN SITAR, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Sep 21, 1989

14 Fla. L. Weekly 460 (Fla. 1989)

14 Fla. L. Weekly 460

548 So. 2d 1116

Opinion

548 So.2d 1115 (Fla. 1989) 14 Fla. L. Weekly 460 Gary Edwin SITAR, Petitioner, v. STATE of Florida, Respondent. No. 73191. Supreme Court of Florida. September 21, 1989

       Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions Fourth District--Case No. 87-0362 (Palm Beach County).

       Charles W. Musgrove, West Palm Beach, for petitioner.

       Robert A. Butterworth, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent.

       KOGAN, Judge.

       We have for review Sitar v. State, 530 So.2d 1000 (Fla. 4th DCA 1988), based on express and direct conflict with State v. McGriff, 537 So.2d 107 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court in this case directly relied on its prior opinion in Abt v. State, 528 So.2d 112 (Fla. 4th DCA 1988), which subsequently has been quashed by this Court. Abt v. State, 541 So.2d 614 (Fla.1989) (citing McGriff ). Accordingly, we quash the opinion below and remand for reconsideration in light of this Court's holdings in McGriff and Abt.

       It is so ordered.        EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT and GRIMES, JJ., concur.