State v. Britton

Supreme Court of Florida

State v. Britton

350 So. 2d 461, 1977 Fla. LEXIS 4020

Supreme Court of Florida·Decided September 22, 1977·No. No. 50814·Published

Opinion

PER CURIAM.

We have for review by certiorari a decision of the District Court of Appeal, First District, Britton v. State, 339 So.2d 256, which allegedly conflicts with the decision of the District Court of Appeal, Second District, in Lomax v. State, 322 So.2d 650.

Subsequent to the filing of this petition for certiorari, we quashed the decision of the District Court of Appeal, Second Dis[462]*462trict, in Lomax v. State, supra. See Lomax v. State, 345 So.2d 719 (Fla.1977).

We approve the decision of the District Court of Appeal, First District, in the case sub judice. The writ of certiorari is therefore discharged.

It is so ordered.

ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. OVERTON, C. J., dissents.

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PER CURIAM.

We have for review by certiorari a decision of the District Court of Appeal, First District, Britton v. State, 339 So.2d 256, which allegedly conflicts with the decision of the District Court of Appeal, Second District, in Lomax v. State, 322 So.2d 650.

Subsequent to the filing of this petition for certiorari, we quashed the decision of the District Court of Appeal, Second Dis[462]*462trict, in Lomax v. State, supra. See Lomax v. State, 345 So.2d 719 (Fla.1977).

We approve the decision of the District Court of Appeal, First District, in the case sub judice. The writ of certiorari is therefore discharged.

It is so ordered.

ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. OVERTON, C. J., dissents.

State v. Britton, 350 So. 2d 461, 1977 Fla. LEXIS 4020 (Fla. 1977).

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Opinion

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