PATRICK ALLEN SALGAT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
On February 18, 1994, this Court entered its Order accepting jurisdiction and setting oral argument. We have now determined that the Court is without jurisdiction and, therefore, the Petition for Review is denied. This Court has no jurisdiction to answer a question certified by a district court when that court has not first passed upon the question certified. See art. V, § 3(b)(4), Fla. Const.; Revitz v. Baya, 355 So. 2d 1170 (Fla.1977). On our own motion, we have addressed the issue of whether a jury instruction on inconsistent exculpatory statements should continue to be allowed in future trials. See In re Instructions in Criminal Cases, 652 So. 2d 814 (Fla.1995).
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Austin v. State, 699 So. 2d 314 (Fla. 1st DCA 1997)…lies, including Perrin; Wright; Graham v. State, 631 So. 2d 388 (Fla. 1st DCA 1994); Kio v. State, 624 So. 2d 744 (Fla. 1st DCA 1993), review denied, 634 So. 2d 627 (Fla.1994); and Salgat v. State, 630 So. 2d 1143 (Fla. 1st DCA 1993), review denied, 652 So. 2d 815 (Fla.1995), to the extent that they hold that pursuant to a double jeopardy claim only the legality of the sentences, not the convictions, may be raised for the first time on appeal. Accordingly, we reverse appellant’s conviction and sentence for as…1 / 2
-
Floridians Against Expanded Gambling v. Floridians FOR A Level Playing Field, 945 So. 2d 553 (Fla. 1st DCA 2006)…ary jurisdiction is not triggered by the question, but rather by the decision the district court has made in a case that turns on the resolution of the question. See Pirelli Armstrong Tire Corp. v. Jensen, 777 So. 2d 973 (Fla.2001); Salgat v. State, 652 So. 2d 815 (Fla.1995); Boler v. State, 678 So. 2d 319 (Fla.1996); Gee v. Seidman & Seidman, 653 So. 2d 384 (Fla.1995). In my view, the decision in the present appeal fails to meet this standard. Although this court has resolved a preliminary issue of law, it h…
-
Floridians FOR A Level Playing Field v. Floridians Against Expanded Gambling, 967 So. 2d 832 (Fla. 2007)…e hereby discharge jurisdiction and dismiss this review proceeding. It is so ordered. LEWIS, C.J, and WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ, concur. . See Pirelli Armstrong Tire Corp. v. Jensen, 777 So. 2d 973 (FIa.2001); Salgat v. State, 652 So. 2d 815 (Fla.1995); Gee v. Seidman & Seidman, 653 So. 2d 384 (Fla.1995). . Three judges, Judges Browning, Webster and Lewis, concurred in the judgment and the certification; Judge Benton concurred in the judgment only; three judges, Judges Kahn, Ervin, and…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Revitz v. Baya, 355 So. 2d 1170 (Fla. 1977)
- In re Instructions in Criminal Cases, 652 So. 2d 814 (Fla. 1995)