Silas v. State

Supreme Court of Florida

Silas v. State

781 So. 2d 1082, 2001 Fla. LEXIS 519, 2001 WL 252391

Supreme Court of Florida·Decided March 15, 2001·No. No. SC95754·Published·Cited by 1 cases

Opinion

LEWIS, J.

We have for review State v. Gitto, 731 So.2d 686 (Fla. 5th DCA 1999), in which the petitioner, Allen Silas, was one of several appellees below. The reasoning applied by the Fifth District Court of Appeal in Gitto was expressly disapproved in State v. Warner, 762 So.2d 507 (Fla.2000). Therefore, the decision of the appellate court is quashed, and the case is remanded for consideration and determination in accordance with the principles announced in Warner.

It is so ordered:

WELLS, C.J., and SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur. QUINCE, J., concurs in result only.

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LEWIS, J.

We have for review State v. Gitto, 731 So.2d 686 (Fla. 5th DCA 1999), in which the petitioner, Allen Silas, was one of several appellees below. The reasoning applied by the Fifth District Court of Appeal in Gitto was expressly disapproved in State v. Warner, 762 So.2d 507 (Fla.2000). Therefore, the decision of the appellate court is quashed, and the case is remanded for consideration and determination in accordance with the principles announced in Warner.

It is so ordered:

WELLS, C.J., and SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur. QUINCE, J., concurs in result only.

Silas v. State, 781 So. 2d 1082, 2001 Fla. LEXIS 519, 2001 WL 252391 (Fla. 2001).

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Opinion

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