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State v. Kerklin

Supreme Court of Florida
Sep 13, 1990
566 So. 2d 513 (Fla. 1990)

Opinion

No. 74811.

September 13, 1990.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 88-00135 (Highlands County).

Robert A. Butterworth, Atty. Gen., and Peggy A. Quince, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Bartow, for respondent.


We have for review Kerklin v. State, 548 So.2d 689 (Fla. 2d DCA 1989), which is in express and direct conflict with the Fifth District Court's decision of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), approved in part, 545 So.2d 851 (Fla. 1989), disapproved in part, State v. Watts, 558 So.2d 994 (Fla. 1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

The issue presented here was resolved adversely to the state in Watts. For the reasons stated in Watts, we approve the decision of the district court.

It is so ordered.

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

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT.


Summaries of

State v. Kerklin

Supreme Court of Florida
Sep 13, 1990
566 So. 2d 513 (Fla. 1990)
Case details for

State v. Kerklin

Case Details

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

Court:Supreme Court of Florida

Date published: Sep 13, 1990

Citations

566 So. 2d 513 (Fla. 1990)

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