Opinion
No. 67582.
May 1, 1986.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. BC-316.
Jim Smith, Atty. Gen. and Patricia Conners, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
This is a petition to review Dougherty v. State, 474 So.2d 11 (Fla. 1st DCA 1985), which directly conflicts with our decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985). We quash the decision of the district court and remand with directions to apply Jackson.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD and BARKETT, JJ., concur.
EHRLICH, J., concurs specially with an opinion, in which SHAW, J. concurs.
I concur because of this Court's decision in State v. Jackson, 478 So.2d 1054 (Fla. 1985), but I adhere to the views expressed in my dissent therein.
SHAW, J., concurs.