State v. Brooks

District Court of Appeal of Florida

State v. Brooks

269 So. 2d 23, 1972 Fla. App. LEXIS 5840

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1972

DocketNo. 72-197

StatusPublished

Cited by1 cases

This text of 269 So. 2d 23 (State v. Brooks) 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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State v. Brooks, 269 So. 2d 23, 1972 Fla. App. LEXIS 5840 (Fla. Ct. App. 1972).

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Opinion

PER CURIAM.

The following question has been certified from the Brevard County Court of Record pursuant to Fla.App.R. 4.6, 32 F.S.A. The question is:

Does the trial and acquittal on the charge of receiving stolen property under Section 811.16, F.S. [F.S.A.], bar a subsequent trial for possession of the same property under Section 814.03(2)?

It is our view that there appears to be controlling precedent in this state on which the decision of the trial judge could be based. The trial court, under § 9, article V, of the Florida Constitution, F.S.A., (1968 revision) has the power to adjudicate the question, the answer to which may be reviewed on appeal if desired. In the exercise of its discretion this court, therefore, respectfully declines to answer the question as certified.¹

CROSS, OWEN and MAGER, JJ., concur.

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PER CURIAM.

The following question has been certified from the Brevard County Court of Record pursuant to Fla.App.R. 4.6, 32 F.S.A. The question is:

Does the trial and acquittal on the charge of receiving stolen property under Section 811.16, F.S. [F.S.A.], bar a subsequent trial for possession of the same property under Section 814.03(2)?

It is our view that there appears to be controlling precedent in this state on which the decision of the trial judge could be based. The trial court, under § 9, article V, of the Florida Constitution, F.S.A., (1968 revision) has the power to adjudicate the question, the answer to which may be reviewed on appeal if desired. In the exercise of its discretion this court, therefore, respectfully declines to answer the question as certified.¹

CROSS, OWEN and MAGER, JJ., concur.

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269 So. 2d 23, 1972 Fla. App. LEXIS 5840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brooks-fladistctapp-1972.

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