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Aderhold v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 964 (Fla. 1980)

Opinion

No. 57646.

September 11, 1980.

Appeal from Circuit Court, Broward County; Robert Tyson, Jr., Judge.

Maurice Graham of Brimmell Graham, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


This appeal was transferred to us by the District Court of Appeal, Fourth District, 369 So.2d 982 (Fla. 4th DCA 1979), because the trial court upheld the constitutionality of section 775.084, Florida Statutes (1977). The trial court's ruling upholding the constitutionality of section 775.084 is consistent with our holding in Eutsey v. State, 383 So.2d 219 (Fla. 1980). We hold that this constitutional issue is now legally frivolous, and we therefore transfer this case back to the District Court of Appeal, Fourth District, for consideration of the remaining points on appeal.

It is so ordered.

SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.


Summaries of

Aderhold v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 964 (Fla. 1980)
Case details for

Aderhold v. State

Case Details

Full title:ALTON ADERHOLD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:Supreme Court of Florida

Date published: Sep 11, 1980

Citations

387 So. 2d 964 (Fla. 1980)