Maguire v. State

District Court of Appeal of Florida

Maguire v. State

350 So. 2d 349, 1977 Fla. App. LEXIS 15273

District Court of Appeal of Florida·Decided March 25, 1977·No. No. 75-2282·Published·Cited by 1 cases

Opinions

PER CURIAM.

Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been demonstrated. We have carefully considered and reject the retroactive application of the recent decision of the Supreme Court of Florida in Roberts v. State, 335 So.2d 285 (Fla.1976), adopting the so called “Lyles” rule. In this regard, we agree with the reasoning and rationale of the Third District in Williams v. State, La.App., 346 So.2d 554, opinion filed February 8, 1977; but see, Ringgo v. State, 339 So.2d 293 (Fla. 2d DCA 1976). Accordingly, the judgment and sentence are affirmed.

AFFIRMED.

MAGER, C. J., and ALDERMAN, J., concur. DAUKSCH, J., dissents, with opinion.

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PER CURIAM.

Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been demonstrated. We have carefully considered and reject the retroactive application of the recent decision of the Supreme Court of Florida in Roberts v. State, 335 So.2d 285 (Fla.1976), adopting the so called “Lyles” rule. In this regard, we agree with the reasoning and rationale of the Third District in Williams v. State, La.App., 346 So.2d 554, opinion filed February 8, 1977; but see, Ringgo v. State, 339 So.2d 293 (Fla. 2d DCA 1976). Accordingly, the judgment and sentence are affirmed.

AFFIRMED.

MAGER, C. J., and ALDERMAN, J., concur. DAUKSCH, J., dissents, with opinion.

Maguire v. State, 350 So. 2d 349, 1977 Fla. App. LEXIS 15273 (Fla. Ct. App. 1977).

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