State v. Mitchell

Supreme Court of Florida

State v. Mitchell

368 So. 2d 591, 1979 Fla. LEXIS 4557

CourtSupreme Court of Florida

DecidedFebruary 8, 1979

DocketNo. 54244

StatusPublished

Cited by1 cases

This text of 368 So. 2d 591 (State v. Mitchell) is published on Counsel Stack Legal Research, covering Supreme Court 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. Mitchell, 368 So. 2d 591, 1979 Fla. LEXIS 4557 (Fla. 1979).

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Opinion

ALDERMAN, Justice.

We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So.2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So.2d 324 (Fla.1978), decided after the district court’s decision in this cause was rendered. The district court relied on the decision of the Third District Court of Appeal in Sobel v. State, 349 So.2d 747 (Fla. 3d DCA 1977), and stated that the facts in Sobel were almost identical to those in this case. In State v. Sobel, supra, we quashed the decision of the District Court of Appeal. On the authority of State v. Sobel, we quash the decision of the Second District Court of Appeal and remand for further proceedings consistent herewith.

It is so ordered.

ENGLAND, C. J., and ADKINS and SUNDBERG, JJ., concur. HATCHETT, J., dissents.

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ALDERMAN, Justice.

We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So.2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So.2d 324 (Fla.1978), decided after the district court’s decision in this cause was rendered. The district court relied on the decision of the Third District Court of Appeal in Sobel v. State, 349 So.2d 747 (Fla. 3d DCA 1977), and stated that the facts in Sobel were almost identical to those in this case. In State v. Sobel, supra, we quashed the decision of the District Court of Appeal. On the authority of State v. Sobel, we quash the decision of the Second District Court of Appeal and remand for further proceedings consistent herewith.

It is so ordered.

ENGLAND, C. J., and ADKINS and SUNDBERG, JJ., concur. HATCHETT, J., dissents.

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368 So. 2d 591, 1979 Fla. LEXIS 4557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mitchell-fla-1979.

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