Pettigrew v. State

District Court of Appeal of Florida

Pettigrew v. State

325 So. 2d 465

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1976

DocketNos. 74-411 to 74-413

StatusPublished

This text of 325 So. 2d 465 (Pettigrew 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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Pettigrew v. State, 325 So. 2d 465 (Fla. Ct. App. 1976).

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ON MOTION TO RECALL MANDATE AND GRANT APPELLEE’S PETITION FOR REHEARING

PER CURIAM.

Subsequent to the filing of the opinion and the issuance of the mandates, this case was overruled by our court in Roberts v. State, Fla.App.2d, 1975, 320 So.2d 832. In the meantime, the state had filed a petition for certiorari in the Supreme Court of Florida. Upon the issuance of our opinion in Roberts, the state filed a motion to recall our mandate and grant its petition for rehearing. The motion was denied, subject to reconsideration if the Supreme Court relinquished jurisdiction to this court. The Supreme Court has now entered an order temporarily relinquishing jurisdiction to this court. In view of our holding in Roberts, our opinion in the instant case is. hereby withdrawn, 316 So.2d 69, all three judgments entered below are affirmed, and the mandate in Case No. 74-412 shall be amended accordingly.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

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ON MOTION TO RECALL MANDATE AND GRANT APPELLEE’S PETITION FOR REHEARING

PER CURIAM.

Subsequent to the filing of the opinion and the issuance of the mandates, this case was overruled by our court in Roberts v. State, Fla.App.2d, 1975, 320 So.2d 832. In the meantime, the state had filed a petition for certiorari in the Supreme Court of Florida. Upon the issuance of our opinion in Roberts, the state filed a motion to recall our mandate and grant its petition for rehearing. The motion was denied, subject to reconsideration if the Supreme Court relinquished jurisdiction to this court. The Supreme Court has now entered an order temporarily relinquishing jurisdiction to this court. In view of our holding in Roberts, our opinion in the instant case is. hereby withdrawn, 316 So.2d 69, all three judgments entered below are affirmed, and the mandate in Case No. 74-412 shall be amended accordingly.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

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