Davenport v. State

District Court of Appeal of Florida

Davenport v. State

314 So. 2d 253, 1975 Fla. App. LEXIS 13747

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 1975

DocketNo. V-392

StatusPublished

This text of 314 So. 2d 253 (Davenport v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Davenport v. State, 314 So. 2d 253, 1975 Fla. App. LEXIS 13747 (Fla. Ct. App. 1975).

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Opinion

ON PETITION FOR REHEARING

PER CURIAM.

We originally remanded this case to the trial court for a determination of whether appellant’s original sentence was still in effect at the time of the escape. At that time, this Court did not have before it a copy of the original judgment and sentence for the offense of breaking and entering with intent to commit a misdemeanor.

The State has petitioned for a rehearing in this case, attaching thereto a copy of the judgment and sentence referred to above. Upon our consideration thereof, the peti[254]*254tion for rehearing is granted and our prior opinion remanding this cause is vacated and set aside. The final judgment and sentence for the offense of escape, entered pursuant to a guilty plea, is therefore affirmed.

JOHNSON, Acting C. J., and BOYER and MILLS, JJ., concur.

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ON PETITION FOR REHEARING

PER CURIAM.

We originally remanded this case to the trial court for a determination of whether appellant’s original sentence was still in effect at the time of the escape. At that time, this Court did not have before it a copy of the original judgment and sentence for the offense of breaking and entering with intent to commit a misdemeanor.

The State has petitioned for a rehearing in this case, attaching thereto a copy of the judgment and sentence referred to above. Upon our consideration thereof, the peti[254]*254tion for rehearing is granted and our prior opinion remanding this cause is vacated and set aside. The final judgment and sentence for the offense of escape, entered pursuant to a guilty plea, is therefore affirmed.

JOHNSON, Acting C. J., and BOYER and MILLS, JJ., concur.

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Bluebook (online)

314 So. 2d 253, 1975 Fla. App. LEXIS 13747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-state-fladistctapp-1975.