Gaston v. State

Full title: Ollie GASTON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 31, 2005

908 So. 2d 1197 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D04-3500.

August 31, 2005.

An appeal from the Circuit Court for Bay County, Don T. Sirmons, Judge.

Nancy A. Daniels, Public Defender; Hunter P. Pfeiffer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of the State's confession of error, see Boca Burger, Inc. v. Forum, 30 Fla. L. Weekly S539, S543, ___ So.2d ___, ___, 2005 WL 1574249 (Fla. July 7, 2005) (noting that "indefensible orders [or judgments] require[of appellee's counsel] the quintessentially professional act of admitting defeat when there is no chance of victory") (emphasis omitted), we summarily reverse appellant's conviction and remand for further proceedings. See generally Fla.R.App.P. 9.315(b)(2005).

Reversed and remanded.

BENTON, POLSTON, and HAWKES, JJ., concur.