Cox v. State

Full title: KARL H. COX, PETITIONER, v. THE STATE OF FLORIDA, RESPONDENT

Court: District Court of Appeal of Florida, Third District

Date published: Aug 11, 1976

336 So. 2d 143 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1098.

August 11, 1976.

Writ of Certiorari to Circuit Court, Dade County; William A. Herin, Judge.

Richard E. Gerstein, State's Atty., and John H. Lipinski, Asst. State's Atty., for petitioner.

Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for respondent.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on October 10, 1975 ( 321 So.2d 477) denying a petition for writ of certiorari to the Circuit Court for Dade County, Florida; and

WHEREAS, on review of this court's judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed June 4, 1976 ( 334 So.2d 568) and mandate now lodged in this court remand the cause with directions to reverse the trial court;

NOW, THEREFORE, It is Ordered that the judgment of this court heretofore filed in this cause on October 10, 1975 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the cause is remanded for further proceedings consistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16b, F.A.R.).