Bryan Perry v. State of Florida

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Supreme Court of Florida ____________ No. SC97119 ____________ BRYAN PERRY, Petitioner, vs. STATE OF FLORIDA, Respondent. [June 22, 2000] PER CURIAM. We have for review the decision in Perry v. State, 744 So. 2d 1199 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal 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. 5D99-320 (Orange County) James B. Gibson, Public Defender and Noel A. Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner Robert A. Butterworth, Attorney General, Kellie A. Nielan, and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for Respondent -2-

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