JULIO RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JULIO RODRIGUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
539 So. 2d 612
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the state’s concession that Del Sol v. State, 537 So. 2d 693 (Fla. 3d DCA 1989), requires a reversal and remand for a new trial, we reverse the final judgments of conviction and sentences under review and remand the cause to the trial court for a new trial based on the authority of Del Sol, as well as Hernandez v. State, 538 So. 2d 521 (Fla. 3d DCA 1989), which follows Del Sol
We recognize that the state does not agree with Del Sol and Hernandez and may wish to pursue further appellate review in this case. To facilitate such review, we certify that our decision in this case conflicts with Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987).
REVERSED AND REMANDED FOR A -NEW TRIAL.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moriyon v. State, 543 So. 2d 379 (Fla. 3d DCA 1989)…ry service.” Castillo v. State, 466 So. 2d 7, 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493, 92 S.Ct. 2163, 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So. 2d 565 (Fla.1986); Rodriguez v. State, 539 So. 2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So. 2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So. 2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So. 2d 693 (Fla. 3d DCA 1989). The Florida supreme court limited the impact of Neil to “peremptory…
Authorities Cited
- Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987)
- Moore v. State, 537 So. 2d 693 (Fla. 1st DCA 1989)
- Hernandez v. State, 538 So. 2d 521 (Fla. 3d DCA 1989)