James William Potts v. State of Florida

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Supreme Court of Florida ____________ No. 93,546 ____________ JAMES WILLIAM POTTS, Petitioner, vs. STATE OF FLORIDA, Respondent. [December 16, 1999] PARIENTE, J. We have for review the opinion in Potts v. State, 710 So. 2d 1387 (Fla. 5th DCA 1998), which certified conflict with the opinion in State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 24 Fla. L. Weekly S467 (Fla. Oct. 7, 1999), the decision of the Fifth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD, 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 - Certified Direct Conflict of Decisions Fifth District - Case No. 98-114 (Marion County) Ronald E. Fox, Umatilla, Florida; and Robert Augustus Harper and Steven Brian Whittington of Robert Augustus Harper Law Firm, P.A., Tallahassee, Florida, for Petitioner Robert A. Butterworth, Attorney General, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, Florida, for Respondent -2-

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