SALVATORE MOTISI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-01-09
No. 83-723
HERSEY, J., concurs., GLICKSTEIN, J., dissents with opinion.
461 So. 2d 1373 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 4 cases

Opinion of the Court
DELL, Judge.

DELL, Judge.

We reverse and remand for a new trial on the authority of King v. State, 461 So. 2d 1370 (Fla. 4th DCA 1985), issued simultaneously with this opinion.

REVERSED and REMANDED.

HERSEY, J., concurs.

GLICKSTEIN, J., dissents with opinion.

Dissent
GLICKSTEIN, J.,

GLICKSTEIN, J.,

dissenting.

I dissent because we are not granted the authority to make rules of procedure, as more fully expressed in the companion case of King v. State, 461 So. 2d 1370 (Fla. 4th DCA 1985).


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  • Danford v. State, 492 So. 2d 690 (Fla. 4th DCA 1986)
    …to meet its burden of showing that the conduct complained of was harmless beyond a reasonable doubt, as required by State v. Marshall, 476 So. 2d 150 (Fla.1985). To the extent that this opinion might appear to be inconsistent with DeRock v. State, 461 So. 2d 1373 (Fla. 4th DCA 1985), we note that DeRock was a per curiam affirmance which, therefore, is without precedential value. In view of the holding of this court, as set forth above, we do not reach or comment on the other point raised by the appellant in…
  • Selig v. State, 461 So. 2d 1375 (Fla. 4th DCA 1985)
    …HURLEY, Judge, concurring. I have dissented from this court’s affirmance of Mr. Selig’s co-defendant’s conviction. See DeRock v. State, 461 So. 2d 1373, (Fla. 4th DCA 1985). However, I concur in the decision to affirm Mr. Selig’s conviction because I am satisfied that his attorney failed to enter a timely objection to an impermissible comment on the defendant’s exercise of his right to remain silen…

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