ROBERT JOHN ERLER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1971-06-30
No. 40505
ROBERTS, C. J., and CARLTON, ADKINS, BOYD, DEKLE and DREW (Retired), JJ., concur., ERVIN, J., dissents with opinion.
250 So. 2d 274 Florida Supreme Court (1971) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Writ of certiorari having been heretofore issued, argument having been heard, and the Court having examined the record and briefs, it appears the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.

It is so ordered.

ROBERTS, C. J., and CARLTON, ADKINS, BOYD, DEKLE and DREW (Retired), JJ., concur.

ERVIN, J., dissents with opinion.

ERVIN, Justice

(dissenting).

I dissent from the discharge of writ and adopt as my opinion Judge McCain’s dissenting opinion in Erler v. State, Fla.App.1970, 241 So.2d 202.

Dissent
ERVIN, Justice

ERVIN, Justice

(dissenting).

I dissent from the discharge of writ and adopt as my opinion Judge McCain’s dissenting opinion in Erler v. State, Fla.App.1970, 241 So. 2d 202.

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