WINNIFRED LAJUAN LEVI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1974-07-19
No. 73-1191
OWEN, C. J., and WALDEN, J., concur.
297 So. 2d 617 Florida District Court of Appeal, Fourth District (1974) Positive Treatment
Cited by 3 cases
Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

Appellant was charged and convicted of violating § 817.60(5), F.S.1971, F.S.A., which prohibits dealing in credit cards of another. At the charge conference appellant requested a charge on attempted dealing in credit cards of another, which was refused.

We reverse upon authority of Ward v. State, Fla.App.1973, 287 So. 2d 138; Brown v. State, Fla. 1968, 206 So. 2d 377; Lewis v. State, Fla.App. 1972, 269 So. 2d 692, and remand for a new trial.

Reversed.

OWEN, C. J., and WALDEN, J., concur.

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  • Wheeler v. State, 344 So. 2d 244 (Fla. 1977)
    …al is decided governs the issues raised on appeal, even where there has been a change of law since the time of trial. Evans v. St. Regis Paper Co., 287 So. 2d 296 (Fla.1973); Williams v. Wainright, 325 So. 2d 485 (Fla. 4th DCA 1975); Cosby v. State, 297 So. 2d 617 (Fla. 1st DCA 1974). In these circumstances, we are required to reverse appellant’s conviction. Because this case must be tried again, we reach the question of what standards should apply when an insanity defense is raised. The trial judge instruct…
  • Dobbert v. State, 328 So. 2d 433 (Fla. 1976)
    …So. 2d 692 (Fla.App.1972). . 275 So. 2d 264 (Fla.App.1973), cert, den., 279 So. 2d 308. . 287 So. 2d 138 (FIa.App.1973) ; see also Clements v. State, 284 So. 2d 700 (Fla.App. 1973), cert. den., 294 So. 2d 654. . 291 So. 2d 617 (Fla.App.1974). . 297 So. 2d 617 (Fla.App.1974). . 299 So. 2d 126 (Fla.App.1974). . Section 924.33, Florida Statutes.…
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    …ed governs the issues raised on appeal, even where there has been a change of law since the time of trial." (citing Evans v. St. Regis Paper Co., 287 So. 2d 296 (Fla. 1973); Williams v. Wainwright, 325 So. 2d 485 (Fla. 4th DCA 1975); Cosby v. State, 297 So. 2d 617 (Fla. 1st DCA 1974))), the panel assigned to the case at bar found itself in the dilemma of having two recent, binding panel decisions that would yield two diametrically different outcomes. Under James' construction of the statute, the court's dism…

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