Rainwater v. State

District Court of Appeal of Florida

Rainwater v. State

208 So. 2d 865, 1968 Fla. App. LEXIS 5844

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1968

DocketNo. 65-638

StatusPublished

Cited by1 cases

This text of 208 So. 2d 865 (Rainwater 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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Rainwater v. State, 208 So. 2d 865, 1968 Fla. App. LEXIS 5844 (Fla. Ct. App. 1968).

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Opinion

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on the 26th day of April, 1966 (186 So.2d 278) affirming the judgment of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed March 4, 1968 (390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037) and mandate dated March 29, 1968, now lodged in this court, vacated this court’s judgment and remanded the case to this court for further consideration in light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889; Cf. Hoffa v. United States, 387 U.S. 231, 87 S.Ct. 1583, 18 L.Ed.2d 738; and Kolod v. United States, 390 U.S. 136, 88 S.Ct. 752, 19 L.Ed.2d 962.

Now, therefore, having considered the above cases as directed by the Supreme Court of the United States, it is Ordered that the judgment of this court filed on the 26th day of April, 1966, is vacated, and the judgment of the Criminal Court of Record appealed from in this cause is reversed with directions to grant a new trial; costs allowed shall be taxed in the Criminal Court of Record (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).

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ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on the 26th day of April, 1966 (186 So.2d 278) affirming the judgment of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed March 4, 1968 (390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037) and mandate dated March 29, 1968, now lodged in this court, vacated this court’s judgment and remanded the case to this court for further consideration in light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889; Cf. Hoffa v. United States, 387 U.S. 231, 87 S.Ct. 1583, 18 L.Ed.2d 738; and Kolod v. United States, 390 U.S. 136, 88 S.Ct. 752, 19 L.Ed.2d 962.

Now, therefore, having considered the above cases as directed by the Supreme Court of the United States, it is Ordered that the judgment of this court filed on the 26th day of April, 1966, is vacated, and the judgment of the Criminal Court of Record appealed from in this cause is reversed with directions to grant a new trial; costs allowed shall be taxed in the Criminal Court of Record (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).

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208 So. 2d 865, 1968 Fla. App. LEXIS 5844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainwater-v-state-fladistctapp-1968.

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