From Casetext: Smarter Legal Research

State v. Peek

Supreme Court of Florida
Apr 8, 1993
616 So. 2d 50 (Fla. 1993)

Summary

In State of Florida v. James Tommy Peek, 616 So.2d 50 (Fla. 1993), the supreme court quashed our opinion and remanded for proceedings consistent with State v. Rucker, 613 So.2d 460, 462 (Fla. 1993), in which it held that when the state introduces unrebutted evidence of the defendant's prior convictions, e.g., certified copies, "a court may infer that there has been no pardon or set aside.

Summary of this case from Peek v. State

Opinion

No. 81099.

April 8, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-2872 (Escambia County).

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief — Criminal Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.


We have for review Peek v. State, 610 So.2d 5 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla. 1993). We quash Peek and remand for proceedings consistent with Rucker.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

State v. Peek

Supreme Court of Florida
Apr 8, 1993
616 So. 2d 50 (Fla. 1993)

In State of Florida v. James Tommy Peek, 616 So.2d 50 (Fla. 1993), the supreme court quashed our opinion and remanded for proceedings consistent with State v. Rucker, 613 So.2d 460, 462 (Fla. 1993), in which it held that when the state introduces unrebutted evidence of the defendant's prior convictions, e.g., certified copies, "a court may infer that there has been no pardon or set aside.

Summary of this case from Peek v. State
Case details for

State v. Peek

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. JAMES TOMMY PEEK, RESPONDENT

Court:Supreme Court of Florida

Date published: Apr 8, 1993

Citations

616 So. 2d 50 (Fla. 1993)

Citing Cases

Peek v. State

On this issue, we were constrained to follow Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992), an en banc…