State v. Fuller

Full title: STATE OF FLORIDA, PETITIONER, v. MICHAEL FULLER, RESPONDENT

Court: Supreme Court of Florida

Date published: Apr 1, 1992

595 So. 2d 20 (Fla. 1992)

Opinion

No. 77907.

February 20, 1992. Rehearing Denied April 1, 1992.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-2421 (Okaloosa County).

Robert A. Butterworth, Atty. Gen. and Charles T. Faircloth, Jr., Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

OVERTON, Judge.

We quash the decision of the district court in Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So.2d 22 (Fla. 1992),¹ and remand for further proceedings consistent with our decision in Barnes.

1 The 1989 amendment to section 775.084(1)(a)1, Florida Statutes (Supp. 1988), did not change the plain meaning of the statute.

It is so ordered.

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