STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
v.
ERNEST SAUNDERS, RESPONDENT, CROSS-PETITIONER

Fla. | 1977-03-31
No. 47437
OVERTON, C. J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur., ENGLAND, J., dissents.
344 So. 2d 567 Florida Supreme Court (1977) Caution
Cited by 12 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 must be and is hereby discharged, and the Petition for Writ of Certiorari is dismissed.

It is so ordered.

OVERTON, C. J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur. ENGLAND, J., dissents.


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  • Donnie Murrell v. State, 595 So. 2d 1049 (Fla. 4th DCA 1992)
    …Weinstein, 518 So. 2d 1370 (Fla. 4th DCA 1988); Scott v. Anderson, 405 So. 2d 228 (Fla. 1st DCA), rev. denied, 415 So. 2d 1359 (Fla.), rev. denied, 415 So. 2d 1361 (Fla. 1982); Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975), cert, discharged, 344 So. 2d 567 (Fla.1977); Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976), approved on other grounds, 346 So. 2d 68 (Fla.1977). See also Fabian v. State, 585 So. 2d 1158 (Fla. 4th DCA 1991). As I read the record, that is what the trial court believed counse…
  • In re Weinstein, 518 So. 2d 1370 (Fla. 4th DCA 1988)
    …ntion that the order fails to comply with rule 3.830, Florida Rules of Criminal Procedure, we find that the defect in this case is not sufficient to invalidate the judgment. See Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975), cert. dismissed, 344 So. 2d 567 (Fla.1977). We find no merit in appellant’s contention that the court deprived him of his thirty (30) days to appeal by ordering him to pay his fine or submit to incarceration on that day. See Krathen v. State, 310 So. 2d 381 (Fla. 4th DCA 1975). A…
  • Hayes v. State, 592 So. 2d 327 (Fla. 4th DCA 1992)
    …rved by the court, and where immediate punishment is essential to prevent demoralization of the court’s authority before the public, [e.s.] 333 U.S. at 275, 68 S.Ct. at 509. Citing Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975), cert. dis’d, 344 So. 2d 567 (Fla.1977), the State argues that Hayes’s conduct falls within this exception and that he [*329] was therefore not entitled to be represented by counsel. We disagree. In Saunders, the First District held that the rule in Argersinger did not apply i…

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