Bennett v. State

Full title: GERALD BENNETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 4, 1984

449 So. 2d 299 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-826.

February 29, 1984. Rehearings Denied April 4, 1984.

Appeal from Circuit Court, for Broward County; M. Daniel Futch, Judge.

Richard Hersch of Law Offices of Richard Hersch, South Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

GLICKSTEIN and WALDEN, JJ., concur.

ANSTEAD, C.J., dissents with opinion.

ANSTEAD, Chief Judge, dissenting.

I would reverse on the authority of Newton v. State, 378 So.2d 297 (Fla. 4th DCA 1980), cert. denied, 389 So.2d 1115 (Fla. 1980).