ELBERT JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bennie Lee Walker v. State, 442 So. 2d 977 (Fla. 1st DCA 1983)
  …th who authored Polk recognizes this distinction because she authored the decision in Gilvin v. State, 429 So. 2d 1355 (Fla. 1st DCA 1983), and joined in similar decisions in Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983); and Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981), all adhering to the Sawyer decision. The Gilvin, Lepper and Rinehart decisions were written after the Polk decision. Nor does Pugh v. State, supra, conflict with this case. Judge Wigginton stated in Pugh: [T]he record is insuf…
• Rinehart v. State, 427 So. 2d 1064 (Fla. 1st DCA 1983)
  …sed without prejudice for appellant to raise the issue by motion pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981); Canty v. State, 402 So. 2d 1232 (Fla. 5th DCA 1981); Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981); McFadden v. State, 423 So. 2d 456 (Fla. 4th DCA 1982). Cf., Pedroso v. State, 420 So. 2d 908 (Fla. 2d DCA 1982). BOOTH, WIGGINTON and NIMMONS, JJ., concur.…

Authorities Cited

• Muldrow v. Starr, 401 So. 2d 939 (Fla. 1st DCA 1981)