State v. Smith

Supreme Court of Florida

State v. Smith

300 So. 2d 257, 1974 Fla. LEXIS 4744

CourtSupreme Court of Florida

DecidedMay 29, 1974

DocketNo. 44519

StatusPublished

Cited by1 cases

This text of 300 So. 2d 257 (State v. Smith) 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. Smith, 300 So. 2d 257, 1974 Fla. LEXIS 4744 (Fla. 1974).

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Opinion

ROBERTS, Justice.

This cause is before us on certiorari granted to review the decision of the District Court of Appeal, Second District, in Smith v. State reported at 282 So.2d 179 (Fla.App.1973) which directly conflicts with our recent decision in State v. Bryan, 287 So.2d 73 (Fla.1973). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution (1973), F.S. A.

On the authority of State v. Bryan, supra, which controls sub judice, the decision of the District Court is quashed, and, it appearing from the record before us that there may have been undisposed of questions at the level of the District Court which, therefore, did not reach here for review, the cause is remanded for further consideration and proceedings not inconsistent with this opinion.

It is so ordered.

ADKINS, C. J., and ERVIN, BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.

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