SMITH v. STATE

No. 65119.

484 So.2d 581 (1986)

Curtis SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 6, 1986.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and John W. Tiedemann and Patricia Conners, Asst. Attys. Gen., Tallahassee, for respondent.


EHRLICH, Justice.

The district court has certified that its decision in this case, Smith v. State, 448 So.2d 20 (Fla. 1st DCA 1984), is in direct conflict with a decision of another district, Winkle v. State, 422 So.2d 984 (Fla. 2d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Smith was convicted of a second-degree misdemeanor, trespass in a structure...

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