JAMES EUGENE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Pursuant to the opinion of the Supreme Court of Florida in Dorfman v. State, Case No. 50,026, Opinion filed July 28, 1977, not yet reported, the general sentence imposed by the trial court is hereby set aside with directions that the trial judge enter an appropriate sentence in accordance with said opinion. Further, pursuant to this court’s opinion in Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974), the trial court is directed to give specific credit for the exact number of days that appellant spent in jail prior to imposition of sentence. It will not be necessary for appellant to be present for re-sentencing.
IT IS SO ORDERED.
RAWLS, Acting C. J., and SMITH and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001)…t held that quo warranto was the correct procedure for a defendant to challenge the validity of an executive order assigning a state attorney from the Fourth Circuit to prosecute a criminal matter in the Second Circuit. Id.; see also Carey v. State, 349 So. 2d 820, 822 (Fla. 3d DCA 1977) (holding that quo warranto, not a motion to dismiss, was the proper procedure to test an information signed by an assistant state attorney for the 16th Circuit when the state attorney for the 11th Circuit had been specially s…
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Snead v. State, 415 So. 2d 887 (Fla. 5th DCA 1982)…99.012(2), Florida Statutes (1975). The authority of an assistant state attorney to sign an indictment may not be tested by an appeal. This must be done by quo warranto. Therefore, Snead has waived his right of review on this issue. Carey v. State, 349 So. 2d 820 (Fla. 3d DCA 1977). We affirm the judgment of the trial court. McCORD, Associate Judge, and MELVIN, WOODROW M. (Retired), Associate Judge, concur.…
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Johnson v. Off. OF the State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008)…dge or prosecutor be timely, but it also must be brought by a direct quo warranto proceeding. Ordinarily, this should first be presented to the circuit court. State ex rel. Vance v. Wellman, 222 So. 2d 449, 449 (Fla. 2d DCA 1969). In Carey v. State, 349 So. 2d 820 (Fla. 3d DCA 1977), the defendant challenged, on direct appeal, the denial of his motion to dismiss on the ground that the assistant state attorney lacked the legal authority to sign the information. The court refused to pass upon this argument, sta…1 / 2
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- Schubert v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)
- Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)