State v. Fahner

Full title: THE STATE OF FLORIDA, Petitioner, v. JOANNE FAHNER, Respondent

Court: District Court of Appeal of Florida, Third District

Date published: Sep 4, 2002

833 So. 2d 799 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D00-2574.

Opinion filed September 4, 2002.

A Writ of certiorari to the Circuit Court for Monroe County, Thomas Spencer, Sr., Judge. Lower Tribunal No. 98-13012.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for petitioner.

Bennett H. Brummer, Public Defender, and Bruce Rosenthal, Assistant Public Defender, for respondent.

Before SCHWARTZ, C.J., and COPE and SORONDO, JJ.

PER CURIAM.

This case is before us on remand from the Florida Supreme Court for reconsideration in light of State v. Johnson, 814 So.2d 390 (Fla. 2002). Upon reconsideration, this court vacates its earlier opinion, State v. Fahner, 794 So.2d 712 (Fla.3d DCA 2001), and remands this cause to the circuit court with directions to remand it to the county court for a hearing under Johnson.