WORZ, INC.,
v.
FEDERAL COMMUNICATIONS COMMISSION ET AL.
Per Curiam.
The petition for writ of certiorari is granted. In view of the representations in the Solicitor General’s brief on pages 4 and 5, concerning testimony given before the Subcommittee on Legislative Oversight of the House Committee on Interstate and Foreign Commerce subsequent to the decision by the Court of Appeals in this case, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for such action as it may deem appropriate.
Mr. Justice Clark and Mr. Justice Harlan dissent. The matters referred to by the Court were not presented in the Court of Appeals and are not presented by this petition. Agreeing with the Solicitor General that denial of the petition for writ of certiorari would not foreclose appropriate consideration thereof by the Court of Appeals, we see no reason for vacating the Court of Appeals’ judgment and, therefore, dissent from this disposition of the matter by the Court.
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State v. Narcisco Rodriguez, 575 So. 2d 1262 (Fla. 1991)…come aware of allegations or proof of prior similar convictions. Accord Shargaa v. State, 102 So. 2d 809 (Fla.) (the presumption of innocence is destroyed when jurors learn of previous convictions for unrelated felonies), cert. denied, 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104 (1958). Informing jurors of the allegation or proof of prior convictions “would substantially destroy the historical presumption of innocence which clothes every defendant in a criminal case[,] and in the mind of the average juror [i…
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State of Fla. ex rel. B. "Babe" Shargaa v. Culver, 113 So. 2d 383 (Fla. 1959)…with an old patron of our judicial system. Shargaa v. State, Fla.1955, 84 So. 2d 42; Perry v. Beckerman, Fla.1957, 97 So. 2d 860; Shargaa v. State, Fla.1958, 102 So. 2d 814; Shargaa v. State, Fla.1958, 102 So. 2d 809, certiorari denied 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104. A reference to our opinion in 102 So. 2d 809 will reveal that the petitioner Shargaa was convicted as a second offender pursuant to Section 775.09, Florida Statutes, F.S. A., which condemns two consecutive convictions of felonies. T…
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State v. Benigo Fernandez, 156 So. 2d 400 (Fla. 2d DCA 1963)…in view of apparent confusion with respect to these questions, some elaboration would seem appropriate, particularly with respect to the distinction between the instant case and Shargaa v. State, Fla.1958, 102 So. 2d 814, cert. denied 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104. In State v. Curtis, supra, we determined that an allegation of previous conviction of a lottery law violation was not merely a permissive but a necessary element of an information seeking conviction under Fla. Stat. § 849.09(4), F.S…1 / 2
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