Summerville v. State

Full title: ROYAL MACK SUMMERVILLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 20, 1982

408 So. 2d 836 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-784.

January 20, 1982.

Appeal from Circuit Court, Broward County; Barry J. Stone, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, and Royal Mack Porter, a/k/a Summerville, Lake Butler, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed on the authority of State v. Sylvester, 401 So.2d 1123 (Fla. 4th DCA 1981). We recognize that State v. Sylvester is in direct conflict with Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979).

LETTS, C.J., and HERSEY and DELL, JJ., concur.