CLIFFORD T. SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 1971-08-05
No. P-286
SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.
251 So. 2d 153 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 3 cases
Topics
Carrying A Concealed Firearm Double Jeopardy Petition For Writ Of Habeas Corpus Habeas Corpus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner alleges in his petition for writ of habeas corpus that he had been submitted to double jeopardy in that he was convicted in municipal court of carrying a concealed weapon, and was also tried and convicted in the Criminal Court of Record of Duval County of the offense of possession of a weapon by a convicted felon. Petitioner contended in his petition that this was double jeopardy. This Court was *154concerned that the facts of this case might have brought it within the case of Waller v. State of Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970), and we therefore issued a Rule Nisi.

The respondent’s return to the Rule Nisi has dispelled this concern of ours and we therefore find no merit to the petitioner’s petition and said petition for writ of ha-beas corpus is therefore denied.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Aurelio Martinez v. State, 270 So. 2d 755 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed. See: Smith v. State, Fla.App.1971, 251 So. 2d 153; State v. Gustafson, Fla. 1972, 258 So. 2d 1; §§ 92.10, 901.21 (1), Fla.Stat.…
  • Waller v. State, 270 So. 2d 26 (Fla. 2d DCA 1972)
    …, 1929, 98 Fla. 1184, 125 So. 345; and State v. Bowden, 1944, 154 Fla. 511, 18 So. 2d 478. With specific reference to violations of an ordinance and of a State law, see State v. Malone, Fla.App.1969, 227 So. 2d 896, and Smith v. State, Fla.App.1971, 251 So. 2d 153. And lastly, we admit that if the city conviction here had been upon charges included within the State charge of larceny the State prosecution would have been barred by double jeopardy. It was in effect so held by our Supreme Court in Sanford v. Sta…
  • Helton v. State, 257 So. 2d 917 (Fla. 1st DCA 1972)
    …appeal and the briefs of the parties herein having been fully considered, and it appearing therefrom that appellant has failed to demonstrate that the judgment and sentence appealed are erroneous, the same are therefore affirmed. See Smith v. State, 251 So. 2d 153 (Fla. App.1st, 1971). SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.…

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