Wilcox v. State

District Court of Appeal of Florida

Wilcox v. State

369 So. 2d 363, 1979 Fla. App. LEXIS 14698

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1979

DocketNo. 77-1239

StatusPublished

This text of 369 So. 2d 363 (Wilcox v. State) 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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Wilcox v. State, 369 So. 2d 363, 1979 Fla. App. LEXIS 14698 (Fla. Ct. App. 1979).

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Opinion

[364]*364ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on March 21, 1978 (356 So.2d 887) affirming the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed February 8, 1979, 367 So.2d 1020, and mandate now lodged in this court, quashed this court’s judgment with instructions.

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on April 6, 1978 is withdrawn, the judgment of this court filed in this cause on March 28, 1978 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The judgment and sentence appealed from herein is reversed and the cause is remanded to the trial court for proceedings not inconsistent with its opinion. Costs allowed shall be taxed in the trial court (Rule 9.400[b] Florida Rules of Appellate Procedure).

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[364]*364ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on March 21, 1978 (356 So.2d 887) affirming the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed February 8, 1979, 367 So.2d 1020, and mandate now lodged in this court, quashed this court’s judgment with instructions.

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on April 6, 1978 is withdrawn, the judgment of this court filed in this cause on March 28, 1978 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The judgment and sentence appealed from herein is reversed and the cause is remanded to the trial court for proceedings not inconsistent with its opinion. Costs allowed shall be taxed in the trial court (Rule 9.400[b] Florida Rules of Appellate Procedure).

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369 So. 2d 363, 1979 Fla. App. LEXIS 14698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilcox-v-state-fladistctapp-1979.

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