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Askary v. State

District Court of Appeal of Florida, Third District
Jul 16, 1976
335 So. 2d 345 (Fla. Dist. Ct. App. 1976)

Opinion

No. 73-831.

July 16, 1976.

Appeal from Circuit Court, Dade County; Dan Satin, Judge.

Carr Emory, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Stephen V. Rosin, Asst. Atty. Gen., for appellee.

Before HENDRY and HAVERFIELD, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


ORDER ON MANDATE


WHEREAS, the judgment of this court was entered on March 26, 1974 ( 294 So.2d 33) affirming as modified the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 7, 1976 ( 330 So.2d 458) and mandate now lodged in this court reversed the portion of this court's judgment striking the imposition of probation by the trial court and remanded the cause with directions;

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on May 20, 1974 is withdrawn, the portion of this court's opinion which modified the judgment and sentence is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgment and sentence appealed herein is affirmed in all respects. Costs allowed shall be taxed in the trial court (Rule 3.16 b, F.A.R.).


Summaries of

Askary v. State

District Court of Appeal of Florida, Third District
Jul 16, 1976
335 So. 2d 345 (Fla. Dist. Ct. App. 1976)
Case details for

Askary v. State

Case Details

Full title:MICHAEL DAVID ASKARY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 16, 1976

Citations

335 So. 2d 345 (Fla. Dist. Ct. App. 1976)