Bell v. State

Full title: WARREN MITCHELL BELL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 10, 1981

394 So. 2d 1108 (Fla. Dist. Ct. App. 1981)

Opinion

No. 77-861.

March 10, 1981.

Appeal from Circuit Court, Dade County; Alan R. Schwartz, Judge.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., for appellee.

Before HUBBART, C.J., and HENDRY and DANIEL S. PEARSON, JJ.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on February 14, 1978 ( 354 So.2d 1266) reversing the judgment and sentence 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 dated January 8, 1981, 394 So.2d 979, now lodged in this court, quashed this court's judgment;

NOW, THEREFORE, It is Ordered that the judgment of this court filed February 14, 1978 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 judgment and sentence of the trial court is reinstated and the cause is remanded with directions for further trial court proceedings consistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the criminal court (Rule 9.400(a) Florida Rules of Appellate Procedure).