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Cooper v. State

District Court of Appeal of Florida, Third District
Feb 4, 1980
379 So. 2d 201 (Fla. Dist. Ct. App. 1980)

Opinion

No. 76-2304.

February 4, 1980.

Appeal from Circuit Court, Dade County; Alan R. Schwartz, Judge.

Bennett H. Brummer, Public Defender, and Kurt Marmar, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and NESBITT, JJ.


ORDER ON MANDATE


WHEREAS, the judgment of this court was entered on March 28, 1978 356 So.2d 911 (Fla.3d DCA 1978) affirming 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, 377 So.2d 1153, by its opinion and judgment filed November 21, 1979 and mandate now lodged in this court, quashed this court's judgment with directions.

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on April 13, 1978 is withdrawn the judgment of this court filed in this cause on March 28, 1978 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The judgment and sentence appealed from herein is reversed and the cause is remanded to the trial court for a new trial. Costs allowed shall be taxed in the trial court (Rule 9.400(a) Florida Appellate Procedure Rules).


Summaries of

Cooper v. State

District Court of Appeal of Florida, Third District
Feb 4, 1980
379 So. 2d 201 (Fla. Dist. Ct. App. 1980)
Case details for

Cooper v. State

Case Details

Full title:MARK COOPER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 4, 1980

Citations

379 So. 2d 201 (Fla. Dist. Ct. App. 1980)

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