State v. Malone

Full title: STATE OF FLORIDA, PETITIONER, v. ANTONIO LAVET MALONE, RESPONDENT

Court: Supreme Court of Florida

Date published: May 26, 1992

597 So. 2d 265 (Fla. 1992)

Opinion

No. 79023.

March 19, 1992. Rehearing Denied May 26, 1992.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-01481 (Okaloosa County).

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender, and Nada M. Carey, Asst. Public Defender, Tallahassee, for respondent.

OVERTON, Justice.

We quash the decision of the district court in Malone v. State, 588 So.2d 1096 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So.2d 22 (Fla. 1992), and remand this cause for further proceedings consistent with our decision in Barnes.

It is so ordered.

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