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State v. Miles

Supreme Court of Florida
Mar 15, 1990
558 So. 2d 1002 (Fla. 1990)

Opinion

No. 73841.

March 15, 1990.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Third District — Case No. 87-461 (Dade County).

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Debora J. Turner, Asst. Attys. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, Miami, for respondent.


We have before us for review Miles v. State, 536 So.2d 262 (Fla. 3d DCA 1988), which is in express and direct conflict with the Fifth District Court of Appeal's decision of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), approved on other grounds, 545 So.2d 851 (Fla. 1989). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

The state raises only one issue for our review. That issue is identical to the one we decide today in State v. Watts, 558 So.2d 994 (Fla. 1990). For the reasons we state in Watts, we approve the decision of the district court below.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.


Summaries of

State v. Miles

Supreme Court of Florida
Mar 15, 1990
558 So. 2d 1002 (Fla. 1990)
Case details for

State v. Miles

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. JAMES MILES, ETC., RESPONDENT

Court:Supreme Court of Florida

Date published: Mar 15, 1990

Citations

558 So. 2d 1002 (Fla. 1990)