STATE OF FLORIDA, APPELLANT,
v.
ROOSEVELT BENJAMIN, APPELLEE

Fla. 4th DCA | 1972-04-18
No. 71-568
REED, C. J., and WALDEN and MAGER, JJ., concur.
267 So. 2d 348 Florida District Court of Appeal, Fourth District (1972) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the briefs and the record in this case. On the basis of the foregoing we conclude that the appellant has failed to demonstrate any reversible error. Accordingly, the order is affirmed. Brochu v. State, First District Court of Appeal, 258 So.2d 286 opinion filed February 29, 1972; but see Naylor v. State, Fla.App. 1971, 250 So.2d 660.

Affirmed.

REED, C. J., and WALDEN and MAGER, JJ., concur.


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  • VAN DEN Bliek v. State, 281 So. 2d 218 (Fla. 4th DCA 1973)
    …PER CURIAM. The defendant appeals the trial court’s denial of his motion to vacate judgments of conviction for two escapes from the Osceola County Jail. This court, in State v. Benjamin, Fla.App.1972, 267 So. 2d 348, cert. dismissed Fla. 1972, 270 So. 2d 20, agreed with the decision in Brochu v. State, Fla.App.1972, 258 So. 2d 286, which held that in accordance with the law in effect at the time of the escape it was essential that the person so charged was a pr…
  • Reverethus C. Burgess v. State, 283 So. 2d 399 (Fla. 4th DCA 1973)
    …use he had not yet been sentenced. We reverse upon authority of Van Den Bliek v. State, 281 So. 2d 218, Fourth District Court of Appeal Opinion issued August 6, 1973; Brochu v. State, Fla.App.1972, 258 So. 2d 286 and State v. Benjamin, Fla.App.1972, 267 So. 2d 348. Reversed. OWEN, C. J., and MAGER, J., concur.…
  • Pitofsky v. State, 276 So. 2d 163 (Fla. 1973)
    …ADKINS, Justice. This cause is here on petition for writ of certiorari supported by certificate of the District Court of Appeal, Third District, that its decision reported at 267 So. 2d 348 is one which involves a question of great public interest. Fla.Const., art. V, § 3(b), (3), F.S.A. The issue presented to this Court, although not stated by the District Court in its certificate, is whether or not an affidavit before a Justice of t…

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