JOHN TERRY MASON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Royal v. State, 490 So. 2d 44 (Fla. 1986)
  …store detective by Ellison was ... force involved in the taking of the property and that the use of the pistol in the automobile occurred concurrent with the taking because possession of the property was still in continuing dispute.” Royal v. State, 452 So. 2d 1098, 1100 (Fla. 5th DCA 1984).…

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• Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)
  …en done in this case, and, accordingly, the de novo en banc proceedings are, in my view, unauthorized under Fla.R.App.P. 9.331. In this connection, the court’s reliance on Edge v. State, 455 So. 2d 626 (Fla. 5th DCA [*304] 1984) and Royal v. State, 452 So. 2d 1098 (Fla. 5th DCA 1984), as precedent for the en banc proceedings herein is, in my view, misplaced. 466 So. 2d at 302 n. 1. In both of these cases, members of the three-judge panel itself appear to have voted for the en bane hearing and a unanimous pane…

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• Williams v. State, 516 So. 2d 975 (Fla. 5th DCA 1987)
  …o was also the trial judge in Flarity v. State, supra, rejected an excellent argument of private defense counsel to the effect that the force in Flarity occurred after Flarity’s theft of gasoline. Why? Because the en banc decision in Royal v. State, 452 So. 2d 1098 (Fla. 5th DCA 1984), to the effect that the force necessary in robbery could occur after the thief had acquired actual possession of the stolen property, had been published for almost two years at that time and the trial judge was legally bound to f…

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Authorities Cited

• State v. Baker, 452 So. 2d 927 (Fla. 1984)