Smith v. State

Full title: CHRISTOPHER F. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 1, 1981

400 So. 2d 27 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1810.

May 6, 1981. Rehearing Denied July 1, 1981.

Appeal from the Circuit Court, Pinellas County, John S. Andrews, J.

Jerry Hill, Public Defender, and David A. Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We accept the reasoning of our sister court in Norman v. State, 388 So.2d 613 (Fla. 3d DCA 1980) that the automatic standing rule has not become a part of this state's law in order to survive the overruling of Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960) by the United States Supreme Court in United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980) and Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980). Therefore, we affirm.

HOBSON, Acting C.J., and GRIMES and RYDER, JJ., concur.