CHARLES L. GRIFFITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-08-09
Nos. 86-122, 86-2220
571 So. 2d 484 Florida District Court of Appeal, Third District (1990) Caution
Cited by 2 cases

Opinion of the Court

WHEREAS, the opinion rendered by this Court on March 28, 1989, (548 So. 2d 244), reversed the judgment of conviction of the Circuit Court of Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this Court’s opinion, by Petition for Review, the Supreme Court of Florida, by its opinion filed March 29, 1990, and its mandate now lodged in this Court, quashed this Court's opinion 561 So. 2d 528;

NOW THEREFORE, this Court vacates its opinion filed in the cause on March 28, 1989 adopts, as its own, the opinion of the Supreme Court of Florida and affirms the judgment below. Costs allowed shall be taxed in the trial court pursuant to Florida Rule of Appellate Procedure 9.400(a).


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Cited By

  • Soller v. State, 666 So. 2d 992 (Fla. 5th DCA 1996)
    …he state failed to show that the false statement was “in regard to any material matter.” § 837.02(1), Fla. Stat. (1993) ,1 The determination of whether a false statement is “in regard to any material matter” is a question of law. State v. Barbu-to, 571 So. 2d 484 (Fla. 2d DCA 1990); see also § 837.011(3). In Barbuto, the perjury charge arose out of conflicting statements Barbuto made as a witness for a criminal defendant. Barbuto stated in Ms deposition that he was not guilty of a particular federal offense;…
  • State v. Diaz, 785 So. 2d 744 (Fla. 3d DCA 2001)
    …state’s witnesses or to bolster defendants’ own' credibility. The listed statements do not- affect any witness’ credibility as to the consent issue. See Soller, 666 So. 2d at 992; 15A Fla.Jur.2d Criminal Law § 4176 (1993). Compare State v. Barbuto, 571 So. 2d 484 (Fla. 2d DCA 1990)(defendant’s false statements as to his involvement in a federal crime and concerning a state witness and statements were material as statements tended to bolster- his credibility and impeach state witness); Kline v. State, 444 So.…

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