State v. McGraw

Full title: STATE OF FLORIDA, PETITIONER, v. THOMAS DAVID McGRAW, RESPONDENT

Court: Supreme Court of Florida

Date published: Jul 23, 1981

401 So. 2d 1325 (Fla. 1981)

Opinion

No. 59707.

July 23, 1981.

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

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for petitioner.

Louis G. Carres and Theodore E. Mack, Asst. Public Defenders, Tallahassee, for respondent.

PER CURIAM.

The instant decision of the First District Court of Appeal reported at 387 So.2d 444 (Fla. 1st DCA 1980), is quashed and remanded for consideration in light of this Court's decision in Ensor v. State, 403 So.2d 349 (Fla. 1981).

It is so ordered.

SUNDBERG, C.J., and OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.

ADKINS and BOYD, JJ., dissent.

Opinion after remand, 404 So.2d 817.