OTIS N. NEWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OTIS N. NEWMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
361 So. 2d 731
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Russo v. State, 340 So. 2d 1273 (Fla. 4th DCA 1976).
ANSTEAD and MOORE, JJ., concur. DAUKSCH, J., dissents.
Dissent
DAUKSCH, Judge,
dissenting.
I respectfully dissent. While the defendant was properly tried and convicted of receiving stolen property the judgment suffers the same technical defect as the judgment in Spurlock v. State, 281 So. 2d 586 (Fla. 4th DCA 1973) in that it fails to recite knowledge on the defendant’s part. Therefore, I would remand for the entry of a new proper judgment. Brinson v. State, 345 So. 2d 780 (Fla. 4th DCA 1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Leary v. State, 370 So. 2d 1171 (Fla. 4th DCA 1979)…reby recede from the holding in Brinson v. State, supra. Accordingly, our opinion published November 1, 1978, is withdrawn to the extent mentioned above and confirmed in all other respects. DOWNEY, C. J., and CROSS, J., concur. . Newman v. State, 361 So. 2d 731 (Fla. 4th DCA 1978) demonstrates this conflict and holds with the view expressed in Russo v. State, 340 So. 2d 1273 (Fla. 4th DCA 1976).…
Authorities Cited
- Spurlock v. State, 281 So. 2d 586 (Fla. 4th DCA 1973)
- Russo v. State, 340 So. 2d 1273 (Fla. 4th DCA 1976)
- Walker v. State, 345 So. 2d 780 (Fla. 4th DCA 1977)