STATE OF FLORIDA, PETITIONER,
v.
RICHARD EARL LEWIS, RESPONDENT

Fla. | 1981-07-23
No. 58046
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.
401 So. 2d 1319 Florida Supreme Court (1981) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the district court, 375 So. 2d 344 (Fla. 3d DCA 1979), reversing the circuit court’s denial of relief under Florida Rule of Criminal Procedure 3.850 is quashed, and the cause is remanded for action consistent with State v. Segarra, 388 So. 2d 1017 (Fla.1980).

It is so ordered.

Order on mandate, 403 So. 2d 598.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.

Dissent
ENGLAND, J.,

ENGLAND, J.,

dissents for the reasons expressed in State v. Segarra, 388 So. 2d 1017 (Fla.1980).


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  • State Dep't OF Revenue v. Anderson, 403 So. 2d 397 (Fla. 1981)
    …The Court accepted jurisdiction to review alleged conflict between Anderson v. State Department of Revenue, 380 So. 2d 1083 (Fla. 3d DCA 1980), and Pioneer Oil Co., Inc. v. State Department of Revenue, 381 So. 2d 263 (Fla. 1st DCA 1980), approved, 401 So. 2d 1319 (Fla.1981). Art. V, § 3 (b)(3), Fla.Const. Although we consolidated these cases for oral argument, we choose to issue separate opinions. We disapprove the Third District’s decision. Anderson and Out Island Charters, Inc., sold, leased, repaired, an…
  • TA Operating Corp. v. State, 767 So. 2d 1270 (Fla. 1st DCA 2000)
    …a Florida special fuel dealer’s license in order to obtain an exemption under the second sentence of section 206.87(3)(d), Florida Statutes (1993), the tax law at issue here evinced no punitive purpose. See Pioneer Oil Co. v. State Dep’t of Revenue, 401 So. 2d 1319, 1321 (Fla.1981) (“Exemptions contained in taxing statutes are special favors granted by the legislature .... ”). Unlike United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989), the present case does not involve a statutory pen…
  • Lewis v. State, 403 So. 2d 598 (Fla. 3d DCA 1981)
    …the judgment and sentence of the Circuit Court of Dade County, Florida, in the above styled cause; and [*599] WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment dated July 23, 1981, 401 So. 2d 1319, now lodged in this court, quashed this court’s judgment; NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on November 2, 1979 is withdrawn and the judgment of this court filed September 18, 1979 is vacated, the sa…

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