JOSEPH T. SPILLANE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Higdon v. State, 465 So. 2d 1309 (Fla. 5th DCA 1985)
  …therefore not addressed herein. "4 Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). See also Borges v. State, 415 So. 2d 1265 (Fla.1982). . Unpublished order directed to clerk of this court. . See Spillane v. State, 458 So. 2d 838 (Fla. 4th DCA 1984); Mastro v. State, 448 So. 2d 626 (Fla. 2d DCA 1984).…

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• Lodson v. State, 478 So. 2d 477 (Fla. 2d DCA 1985)
  …tion relief. Lodson correctly points out that, after he was sentenced, this court held in Mastro v. State, 448 So. 2d 626 (Fla. 2d DCA 1984), that vehicular homicide is not a lesser included offense of D.W.I. manslaughter. But see Spillane v. State, 458 So. 2d 838 (Fla. 4th DCA 1984); cf. Higdon v. State, 465 So. 2d 1309 (Fla. 5th DCA 1985). Although appellant correctly recites this court’s holding in Mastro, a change of law must be announced or adopted by the United States Supreme Court or the Supreme Court…
• Spillane v. State, 491 So. 2d 272 (Fla. 1986)
  …EHRLICH, Justice. We review a decision of the district court, Spillane v. State, 458 So. 2d 838 (Fla. 4th DCA 1984), which conflicts with decisions of other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. [*273] On the authority of Higdon v. State, 490 So. 2d 1252 (Fla.1986), we quash the decision of the court below and r…

Authorities Cited

• Mastro v. State, 448 So. 2d 626 (Fla. 2d DCA 1984)