STATE OF FLORIDA, PLAINTIFF,
v.
BOB OAKLAND BROOKS, DEFENDANT
STATE OF FLORIDA, PLAINTIFF,
BOB OAKLAND BROOKS, DEFENDANT
269 So. 2d 23
Florida District Court of Appeal, Fourth District (1972)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
The following question has been certified from the Brevard County Court of Record pursuant to Fla.App.R. 4.6, 32 F.S.A. The question is:
Does the trial and acquittal on the charge of receiving stolen property under Section 811.16, F.S. [F.S.A.], bar a subsequent trial for possession of the same property under Section 814.03(2)?
It is our view that there appears to be controlling precedent in this state on which the decision of the trial judge could be based. The trial court, under § 9, article V, of the Florida Constitution, F.S.A., (1968 revision) has the power to adjudicate the question, the answer to which may be reviewed on appeal if desired. In the exercise of its discretion this court, therefore, respectfully declines to answer the question as certified.1
CROSS, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Iorio v. State, 297 So. 2d 116 (Fla. 4th DCA 1974)…e which the trial court has the power to adjudicate and is reviewable on appeal; furthermore, this court’s determination would not necessarily be dispositive of the cause. State v. Kanter, Fla.App.1973, 273 So. 2d 772; State v. Brooks, Fla.App.1972, 269 So. 2d 23; In re Adoption of Taylor, Fla.App.1964, 166 So. 2d 476; cf. United States v. Gaines, 5 Cir. 1974, 489 F. 2d 690. Certified question denied. CROSS and MAGER, JJ., and ANDERSON, ALLEN C., Associate Judge, concur.…
Authorities Cited
- Pridgeon v. Haywood Folsom, 174 So. 2d 619 (Fla. 1st DCA 1965)