McCloud v. State

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

Court: District Court of Appeal of Florida, First District

Date published: Jun 16, 1989

545 So. 2d 444 (Fla. Dist. Ct. App. 1989)

Opinion

No. BJ-412.

June 16, 1989.

An appeal from the Circuit Court for Duval County; L. Page Haddock, Judge.

Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Kurt L. Barch, Asst. Atty. Gen., Tallahassee, for appellee.

OPINION ON REHEARING

PER CURIAM.

Upon consideration of Gerald McCloud's motion for rehearing of our decision on remand from the supreme court, filed November 10, 1988, 536 So.2d 1081 (Fla.App. 1988), we now conclude that State v. Slappy, 522 So.2d 18 (Fla. 1988) also mandates reversal of the judgment of conviction in Circuit Court Case Number 85-4591. Accordingly, rehearing is granted, the judgment is reversed, and the cause is remanded for a new trial.

THOMPSON, ZEHMER and BARFIELD, JJ., concur.