BRUCE SPARKS COSBY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRUCE SPARKS COSBY, APPELLANT,
STATE OF FLORIDA, APPELLEE
297 So. 2d 617
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*618] PER CURIAM.
Subsequent to the entry of the Order transferring jurisdiction of a juvenile to the Circuit Court, which Order is the subject matter of this appeal, the State Supreme Court rendered its decision in Davis v. State, 297 So. 2d 289, Op. filed July 3, 1974, not yet reported, which said decision bears directly upon the issues raised herein. Inasmuch as the trial court did not have the benefit of the Davis Opinion at the time of the Order appealed herein, we remand this cause to the trial court with directions that its order be reconsidered in light of the teachings of the Davis case, supra.
SPECTOR, Acting C. J., and BOYER and McCORD, JJ., concur.
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Citator
Cited By
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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…
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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.…
Authorities Cited
- Davis v. State, 297 So. 2d 289 (Fla. 1974)