Baker v. State

Full title: LEE BAKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 29, 1976

329 So. 2d 39 (Fla. Dist. Ct. App. 1976)

Opinion

No. 74-688.

March 29, 1976.

Appeal from Circuit Court, Dade County; Dan Satin, Judge.

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on December 17, 1974 reversing the sentence of the Circuit Court for 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 January 14, 1976 ( 327 So.2d 27), quashed this court's judgment and remanded the cause with directions;

NOW, THEREFORE, It is Ordered that the judgment of this court filed December 17, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the sentence of the Circuit Court herein sought to be reviewed is reinstated and affirmed in accordance with the opinion of the Supreme Court of Florida in State v. Jones, 327 So.2d 18, Fla. 1976. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R.).