SC93097 Shawn Fitzgerald v. State of Florida

State: Florida

Docket No: sc93097

Case Date: 06/22/2000

Plaintiff: SC93097 Shawn Fitzgerald

Defendant: State of Florida

Preview:Supreme Court of Florida
No. SC93097
SHAWN FITZGERALD,
Petitioner,
vs.
STATE OF FLORIDA,
Respondent.
[June 22, 2000]
PER CURIAM.
We have for review the decision in Fitzgerald v. State, 708 So. 2d 690 (Fla.
5th DCA 1998), in which the Fifth District cited as controlling authority its opinion
in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part,
disapproved in part, 25 Fla. L. Weekly S367 (Fla. May 11, 2000).   We have
jurisdiction.   See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420
(Fla. 1981).   We quash the decision below and remand for the Fifth District to
consider this case in light of our opinion in Maddox.

It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and
QUINCE, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal -
Direct Conflict
Fifth District - Case No. 5D97-1890
(Brevard County)
James B. Gibson, Public Defender and Kenneth Witts, Assistant Public Defender,
Seventh Judicial Circuit, Daytona Beach, Florida,
for Petitioner
Robert  A.  Butterworth,  Attorney  General  and  Wesley  Heidt,  Assistant  Attorney
General, Daytona Beach, Florida,
for Respondent
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