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Walker v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 964 (Fla. 1980)

Opinion

No. 56768.

September 11, 1980.

Appeal from Circuit Court, Broward County; Robert W. Tyson, Jr., Judge.

Richard L. Jorandby, Public Defender, and Michael Salnick, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


This cause is before us on direct appeal from the circuit court in and for Broward County because the trial court upheld the constitutionality of section 775.084, Florida Statutes (1977). The trial court's ruling upholding the constitutionality of section 775.084 is consistent with our holding in Eutsey v. State, 383 So.2d 219 (Fla. 1980). We hold that the constitutional issue is now legally frivolous and therefore transfer the case to the District Court of Appeal, Fourth District, for consideration of the remaining points on appeal.

It is so ordered.

SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.


Summaries of

Walker v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 964 (Fla. 1980)
Case details for

Walker v. State

Case Details

Full title:WARREN WALKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:Supreme Court of Florida

Date published: Sep 11, 1980

Citations

387 So. 2d 964 (Fla. 1980)