State v. Malone

Full title: STATE OF FLORIDA, PETITIONER, v. MALCOLM XAVIER MALONE, RESPONDENT

Court: Supreme Court of Florida

Date published: Mar 19, 1992

595 So. 2d 47 (Fla. 1992)

Opinion

No. 78948.

March 19, 1992.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-907 (Okaloosa County).

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

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.

OVERTON, Judge.

We quash the decision of the district court in Malone v. State, 588 So.2d 674 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So.2d 22 (Fla. 1992),¹ and remand this cause 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.