Dunmann v. State

Full title: KEVIN J. DUNMANN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 25, 1981

410 So. 2d 932 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1170.

November 25, 1981.

Appeal from Circuit Court, Orange County; Janis Mary Halker, Acting Circuit Judge.

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The judgment herein is reversed on the authority of Baxley v. State, 411 So.2d 194 (Fla. 5th DCA 1981).

REVERSED AND REMANDED.

DAUKSCH, C.J., and SHARP, J., concur.

COBB, J., dissents with opinion.

COBB, Judge, dissenting.

I dissent for the reasons set forth in my dissent in the companion cases of Baxley v. State, 411 So.2d 194 (Fla. 5th DCA 1981).