BRADY OTIS BYRD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
Pursuant to article V, section 3(b)(3), Florida Constitution (1972), we accepted jurisdiction to resolve the conflict between the decision of the First District Court of Appeal in the instant case, 380 So. 2d 457, and the decision of the Fourth District Court of Appeal in St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978). We have since resolved the issue in State v. Webb, 398 So. 2d 820 (Fla.1981). The decision of the instant district court is in agreement with our decision. We have also considered petitioner's attack on the legality of the instant search and seizure and have determined it to be without merit. Accordingly, the petition for certiorari is denied.
It is so ordered.
BOYD, OVERTON, ALDERMAN and McDONALD, JJ., concur. ADKINS, Acting C. J., dissents.
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State v. Jones, 417 So. 2d 788 (Fla. 5th DCA 1982)…v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972); Codie v. State, 406 So. 2d 117 (Fla. 2d DCA 1981); Byrd v. State, 380 So. 2d 457 (Fla. 1st DCA 1980), cert. denied, 398 So. 2d 1352 (Fla.1981); State v. Gamble, 370 So. 2d 428 (Fla. 3d DCA 1979); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978). . U. S. v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981). . State v. Stevens, 354 So. 2d 1244, 1247 (Fla. 4th DCA 1…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Webb, 398 So. 2d 820 (Fla. 1981)
- ST. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978)
- Brady Otis Byrd v. State, 380 So. 2d 457 (Fla. 1st DCA 1980)