Paul O. Stovall v. State of Florida

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Supreme Court of Florida ____________ No. SC95059 ____________ PAUL O. STOVALL, Petitioner, vs. STATE OF FLORIDA, Respondent. [August 31, 2000] PER CURIAM. We have for review Stovall v. State, 727 So. 2d 1009 (Fla. 5th DCA 1999), a decision of the Fifth District Court of Appeal citing as controlling authority its decision in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla. 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 district court's decision in this case and remand for consideration in light of our opinion in Maddox v. State, 760 So. 2d 89 (Fla. 2000). It is so ordered. WELLS, C.J., and SHAW, HARDING, 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. 5D97-2556 (Volusia County) James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner Robert A. Butterworth, Attorney General, and Kellie A. Nielan, Mary G. Jolley, Belle B. Schumann, and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for Respondent -2-

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