JOHN BUFFORD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1981-07-23
No. 59426
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
401 So. 2d 1321 Florida Supreme Court (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Under Pressley v. Wainwright, 367 So. 2d 222 (Fla. 1979), we belatedly accepted jurisdiction in this cause because of the express conflict contained in the Fifth District Court of Appeal opinion reported at 383 So. 2d 928 (Fla. 5th DCA 1980). We resolved the conflict in Butterworth v. Fluellen, 389 So. 2d 968 (Fla. 1980), decided subsequent to the district court opinion. The petition for review is therefore discharged.

No motion for rehearing will be entertained.

It is so ordered.

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


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  • State v. McDONALD, 425 So. 2d 1380 (Fla. 5th DCA 1983)
    …which necessitated the delay. It was always, “Ventura, the co-defendant is missing and we need him at trial.” In its brief and at trial the state has argued that the case of State v. Bufford, 383 So. 2d 928 (Fla. 5th DCA 1980), petition discharged, 401 So. 2d 1321 (Fla.1981) is applicable because of the wording which says we agree with Kurtz (meaning State v. Kurtz, 354 So. 2d 890 (Fla. 4th DCA 1978), cert. denied, 360 So. 2d 1249 (Fla.1978)), which says when either the defendant or the state is properly gran…

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