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STATE v. WITHERSPOON

No. SC01-83.

810 So.2d 871 (2002)

STATE of Florida, Petitioner, v. Maynard WITHERSPOON, Respondent.

Supreme Court of Florida.

January 31, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and David H. Foxman and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Petitioner.

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

PER CURIAM.

We have for review a decision of a district court of appeal on the following question, which the court certified to be of great public importance:

[W]hether, if the reason which prompted the Tripp rule is not present, Tripp must apply.1

Witherspoon v. State, 776 So.2d 984, 985 (Fla. 5th DCA 2001). We have jurisdiction. See art. V, § 3(b)...

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