EDWARD LEONARD WHITE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on July 19, 1977, 348 So. 2d 368 (Fla. 3d DCA 1977) affirming the judgment and sentences 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 September 27, 1979, 377 So. 2d 1149, and mandate now lodged in this court, reversed in part, and affirmed in part this court’s judgment and sentences remanded the cause with instructions;
NOW, THEREFORE, It is Ordered that this court’s mandate heretofore issued in this cause on August 14, 1977 is withdrawn, the judgment of this court filed in this cause on July 19,1977, except as is affirmed by the judgment of the Supremé Court dated September 27, 1979, is vacated and the said opinion and judgment of this court. The judgment and sentences appealed from herein is reversed in part and affirmed in part and the cause is remanded to the trial court to impose an appropriate sentence. Costs allowed shall be taxed in the trial court (Rule 9.400(a) Florida Appellate Procedure Rules).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pasquale Iannucci v. State, 400 So. 2d 139 (Fla. 5th DCA 1981)…unless the comment was so prejudicial as to constitute fundamental error, Iannucci waived his right to raise this issue on appeal. See White v. State, 348 So. 2d 368 (Fla. 3d DCA 1977), reversed in part, 377 So. 2d 1149 (Fla.1979), vacated in part, 379 So. 2d 1018 (Fla. 3d DCA 1980). The judge’s comment does not appear to us as severely prejudicial, and in fact appellant’s counsel invited the judge’s comment by his own attempt to mislead the jury as to the kinds of crimes for which Iannucci had previously bee…
Authorities Cited
- White v. State, 377 So. 2d 1149 (Fla. 1979)
- White v. State, 348 So. 2d 368 (Fla. 3d DCA 1977)