Crews v. State

Full title: EARL JOHNSON CREWS, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Apr 15, 1993

616 So. 2d 990 (Fla. 1993)

Opinion

No. 80458.

April 15, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Second District — Case No. 91-03212 (Polk County).

James Marion Moorman, Public Defender, Cynthia J. Dodge, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., Peggy A. Quince and Susan D. Dunlevy, Asst. Attys. Gen., Tampa, for respondent.

OVERTON, Justice.

We have for review Crews v. State, 603 So.2d 690 (Fla. 2d DCA 1992), in which the district court addressed the same question we recently answered in Johnson v. State, 616 So.2d 1 (Fla. 1993).¹ In accordance with our decision in Johnson, we quash the decision of the district court in the instant case and remand this cause for resentencing.

1 We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

It is so ordered.

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