JOHN FRANCIS ROBERTSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Reversed on the authority of Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992), and Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992). Upon remand the trial court shall enter an order of discharge.
REVERSED AND REMANDED.
LETTS, J., concurs.
ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr., Senior Judge, concur specially, with opinion.
ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr.,
concurring specially:
We concur because of the above precedents, cases which we feel were wrongly decided.
ORDERED that appellee’s motion filed July 30, 1992, for rehearing en banc is hereby denied; further,
ORDERED that appellee’s motion filed July 30, 1992, for certification of question is granted. The following question is hereby certified to the Supreme Court of Florida:
DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?
ORDERED that appellee’s motion filed July 30, 1992, to stay mandate pending Supreme Court review is hereby granted.
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Elderbroom v. Knowles, 621 So. 2d 518 (Fla. 4th DCA 1993)…or the presumption of guilt is not great. In a case where the third district so characterized the evidence, it denied the state’s petition for writ of certiorari and upheld a trial court order admitting an accused to reasonable bail. State v. Perry, 605 So. 2d 94 (Fla. 3d DCA), rev. denied, 613 So. 2d 9 (Fla.1992). See also Mininni v. Gillum, 477 So. 2d 1013 (Fla. 2d DCA 1985). We find the same circumstances to exist here. The trial court erred in ae- [*521] knowledging the weight of the evidence presented…
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Nero v. State, 604 So. 2d 550 (Fla. 4th DCA 1992)…ELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY? REVERSED AND REMANDED WITH DIRECTIONS; QUESTION CERTIFIED. DOWNEY and FARMER, JJ., concur. HERSEY, J., concurs specially with opinion. . But see Robertson v. State, 605 So. 2d 94 (Fla. 4th DCA 1992), Mercano v. State, 600 So. 2d 572 (Fla. 4th DCA 1992), Walker v. State, 600 So. 2d 42 (Fla. 4th DCA 1992), Fox v. State, 600 So. 2d 501 (Fla. 4th DCA 1992), Rhodes v. State, 597 So. 2d 974 (Fla. 4th DCA 1992), Hamilton v. State,…
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Preston v. Sheriff David GEE, 133 So. 3d 1218 (Fla. 2d DCA 2014)…to bail issues. See Mininni, 477 So. 2d at 1015; Bleiweiss v. State, 24 So. 3d 1215, 1216 n. 1 (Fla. 4th DCA 2009); Whitehead v. McCampbell, 700 So. 2d 135 (Fla. 4th DCA 1997); Kirkland v. Fortune, 661 So. 2d 395 (Fla. 1st DCA 1995); State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992). The CRA in Preston’s case fell well shy of the Russell standard in terms both of the quantum of its proof and of the competence of its proof. It was signed by a Tampa police officer, who swore that the statements contained in th…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992)
- Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992)