Gaines v. State

Full title: HERBERT LEE GAINES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 22, 1984

444 So. 2d 553 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-629.

January 25, 1984. Rehearing Denied February 22, 1984.

Appeal from Circuit Court, Palm Beach County; Marvin Mounts, Jr., Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant's conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla. 1981).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

DOWNEY, BERANEK and HERSEY, JJ., concur.