Opinion
No. 53164.
June 30, 1978.
Appeal from County Court in and for Dade County; Robert M. Deehl, Judge.
Tobias Simon and Jennifer Hurst, Miami, for appellant.
No appearance for appellee.
Reversed and remanded for new trial. Section 812.14(3), Florida Statutes, is unconstitutional and may not be applied in a proceeding following remand of the cause. MacMillan v. State, 358 So.2d 547 (Fla. 1978).
It is so ordered.
OVERTON, C.J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
ENGLAND, J., dissents.