Motisi v. State

Full title: SALVATORE MOTISI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 9, 1985

461 So. 2d 1373 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-723.

January 9, 1985.

Appeal from Circuit Court, Broward County; George A. Shahood, Judge.

Stephen H. Broudy, Law Offices of Stephen H. Broudy, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

DELL, Judge.

We reverse and remand for a new trial on the authority of King v. State, 461 So.2d 1370 (Fla. 4th DCA 1985), issued simultaneously with this opinion.

REVERSED and REMANDED.

HERSEY, J., concurs.

GLICKSTEIN, J., dissents with opinion.

GLICKSTEIN, J., dissenting.

I dissent because we are not granted the authority to make rules of procedure, as more fully expressed in the companion case of King v. State, 461 So.2d 1370 (Fla. 4th DCA 1985).