THEODORE BROWN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1976-07-21
No. 45700
OVERTON, C. J., ROBERTS, ADKINS and ENGLAND, JJ., and CHAPPELL, Circuit Court Judge, concur.
335 So. 2d 801 Florida Supreme Court (1976) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument, and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the writ of certiorari must be and it is hereby discharged.

It is so ordered.

OVERTON, C. J., ROBERTS, ADKINS and ENGLAND, JJ., and CHAPPELL, Circuit Court Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Pinder, 375 So. 2d 836 (Fla. 1979)
    …onvicted of both felony murder and the underlying felony on which the murder conviction was based. It also held, in light of Harris v. Oklahoma and Brown v. Ohio, that our decisions in Slater v. State, 316 So. 2d 539 (Fla.1975),3 and State v. Adams, 335 So. 2d 801 (Fla.1976),4 are no longer controlling precedent where a defendant is convicted of felony murder and there is no evidence of premeditation other than the fact that the killing occurred during the perpetration of the underlying felony. In deciding th…
  • Clay Leonard Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978)
    …77) for the reason that the sentence is violative of the double jeopardy clause of the fifth amendment applicable to the states through the fourteenth. The supreme court of this state in Slater v. State, 316 So. 2d 539 (Fla.1975) and State v. Adams, 335 So. 2d 801 [*499] (Fla.1976) held that a felony murder and the felony upon which the felony murder charge is predicated were two separate and distinct crimes for which separate judgments and sentences could be imposed upon conviction of each offense. Appellant…
  • Pinder v. State, 366 So. 2d 38 (Fla. 2d DCA 1978)
    …he supreme court he contended, inter alia, that he could not be sentenced for both robbery and murder. The supreme court rejected this argument, holding that the defendant could be validly convicted and sentenced for both crimes. In State v. Adams, 335 So. 2d 801 (Fla.1976), the defendant was found guilty of robbery and felony-murder. The supreme court held on the authority of Slater that the defendant could be convicted and sentenced for both crimes. Admittedly these cases are on point. However, they were…

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