State v. Brown

Full title: STATE OF FLORIDA, PETITIONER, v. JERRY BROWN, RESPONDENT

Court: Supreme Court of Florida

Date published: Aug 30, 1985

475 So. 2d 1 (Fla. 1985)

Opinion

No. 66171.

August 30, 1985.

Application for Review of the Decision of the District Court of Appeal Direct Conflict of Decisions.

Jim Amith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.

PER CURIAM.

We accepted jurisdiction to review the decision of the Third District Court of Appeal in State v. Brown, 456 So.2d 527 (Fla. 3d DCA 1984), based upon that court's express reliance upon its decision in State v. Clausell, 455 So.2d 1050 (Fla. 3d DCA 1984), in which it certified to this Court questions of great public importance. We have jurisdiction.^_ Art. V, § 3(b)(4), Fla. Const.

_ See Jollie v. State, 405 So.2d 418 (Fla. 1981).

We quash the decision in the instant case on the authority of our decision in State v. Clausell, 474 So.2d 1189 (Fla. 1985), and remand to the district court for further proceedings consistent with our decision in Clausell.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.