CHARLES W. BROADHURST ET AL., APPELLANTS (RELATORS),
v.
THE HONORABLE NORTON JOSEPHSON, JUDGE OF THE COUNTY COURT OF VOLUSIA COUNTY, APPELLEE (RESPONDENT)

Fla. 1st DCA | 1976-12-01
Nos. BB-382, BB-383 and BB-384
BOYER, C. J., and MILLS and McCORD, JJ., concur.
340 So. 2d 117 Florida District Court of Appeal, First District (1976) Positive Treatment
Cited by 4 cases

Opinion of the Court
THE COURT.

Upon considering the briefs, the record and oral argument, we find no reversible error. Accordingly, the order appealed is affirmed on authority of State v. Hendricks, 309 So. 2d 232 (Fla. 4th DCA 1975). Shaw v. State, 332 So. 2d 705 (Fla. 1st DCA 1976), is distinguishable and not applicable to the facts in this case.

BOYER, C. J., and MILLS and McCORD, JJ., concur.


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    …and the sentence upon count I of the information. Accordingly, the judgment appealed is affirmed in part and reversed in part. Affirmed in part; reversed in part. HENDRY, J., dissenting. . A previous appeal in this case appears at Smith v. State, 340 So. 2d 117 (Fla. 3d DCA 1976). Subsequent to that appeal, upon reversal and remand, Smith was tried a second time and a mistrial was declared when the jury was unable to agree. Smith was tried a third time resulting in the judgment and sentence here appealed.…
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