ROBERT P. HICKEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT P. HICKEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
307 So. 2d 456
Florida District Court of Appeal, Fourth District (1975)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We have examined the record and considered the respective arguments. It is our opinion, with reference to appellant, that his Points 2 and 3 lack merit. We agree that a charge should have been given on aggravated assault. However, the omission was harmless in light of the authority of DeLaine v. State, 262 So. 2d 655 (Fla.1972) and Fla.Stat. 924.33 (1973).
Affirmed.
OWEN, C. J., WALDEN, J., and YAWN, THERON A., Jr., Associate Judge, concur.
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State v. Laiser, 322 So. 2d 490 (Fla. 1975)…o retain that which is seized within the jurisdiction of the court or to protect the accused’s and the state’s rights to have the integrity of the evidence preserved. . We note that the decision below was relied upon and followed in State v. Jones, 307 So. 2d 456 (1st DCA Fla.1975). Four days after that decision was entered, the State formally filed a declaration in circuit court that Jones would not be further prosecuted in state court on tiie allegations in the information originally filed against him. Non…
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State v. Richardson, 318 So. 2d 167 (Fla. 4th DCA 1975)…ree of specificity. A search warrant legally complies with the statutory requirements when it contains a command that the seized property be returned either to the issuing judge or another court having jurisdiction. See State v. Jones, Fla.App.1975, 307 So. 2d 456. . The order of suppression tends to confirm the representation that no testimony was presented: “ . . . Defendant’s Motion to Suppress having come before the Court this date, and the Court having heard argument of both the State and Counsel for th…
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State v. Jones, 322 So. 2d 493 (Fla. 1975)…decision of the Fourth District Court of Appeal. It is essential, therefore, that we reconcile the decisional law of this state by granting the State’s request for rehearing and quashing the decision of the First District Court of Appeal reported at 307 So. 2d 456. It is so ordered.* ADKINS, C. J., and ROBERTS, BOYD and OVERTON, JJ., concur. * We note that the state attorney has, by formal filing in the circuit court, noticed his election not to prosecute respondent further under the information origina…
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- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)