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Avila v. State

District Court of Appeal of Florida, Third District
Apr 22, 1976
330 So. 2d 189 (Fla. Dist. Ct. App. 1976)

Opinion

No. 74-642.

April 22, 1976.

Appeal from Circuit Court, Dade County; Alfonso C. Sepe, Judge.

Phillip A. Hubbart, Public Defender, and Kathleen Gallagher, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


ORDER ON MANDATE


WHEREAS, the judgment of this court was entered on December 3, 1974 ( 306 So.2d 550) reversing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court's judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed February 11, 1976 ( 327 So.2d 210) and mandate now lodged in this court, quashed this court's judgment with directions;

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on February 4, 1975 is withdrawn, the judgment of this court filed December 3, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the sentence for violation of probation imposed in this cause by the trial court is reinstated. Costs allowed shall be taxed in the trial court (Rule 3.16b, F.A.R.).


Summaries of

Avila v. State

District Court of Appeal of Florida, Third District
Apr 22, 1976
330 So. 2d 189 (Fla. Dist. Ct. App. 1976)
Case details for

Avila v. State

Case Details

Full title:IGNACIO F. AVILA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 22, 1976

Citations

330 So. 2d 189 (Fla. Dist. Ct. App. 1976)