FLETCHER EMBREY HOLLINGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-07-24
No. 89-864
Before HUBBART, NESBITT and BASKIN, JJ.
564 So. 2d 262 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reject the defendant’s first two points on appeal on the authority of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Palmes v. State, 397 So. 2d 648, 653 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981); Ross v. State, 386 So. 2d 1191 (Fla.1980); Castor v. State, 365 So. 2d 701 (Fla.1978). However, we reverse his conviction on the charge of possession of a firearm in the commission of a felony on the authority of Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1989). As in Jones and Reddick v. State, 554 So. 2d 564 (Fla. 3d DCA 1989), we certify conflict with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989).

In all other respects, the defendant’s convictions and corresponding sentences are hereby affirmed.


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  • State v. Fletcher Embrey Hollinger, 581 So. 2d 153 (Fla. 1991)
    …GRIMES, Justice. We review Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990), because of its certified conflict with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989). We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Hollinger was convicted of premeditated first-degree…
  • Torrence v. State, 574 So. 2d 1188 (Fla. 3d DCA 1991)
    …ion 775.021(4), Florida Statutes (1989), the offenses in this case took place prior to the effective date of the statute, and, accordingly, the said statute is inapplicable to this case. State v. Smith, 547 So. 2d 613 (Fla.1989); Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990); Wright v. State, 561 So. 2d 1197 (Fla. 3d DCA 1990); Stanley v. State, 560 So. 2d 1269 (Fla. 3d DCA 1990); Salazar v. State, 560 So. 2d 1207 (Fla. 3d DCA), cause dismissed, 567 So. 2d 435 (Fla.1990); Jones v. State, 547 So. 2d 12…
  • State v. Martin, 602 So. 2d 1263 (Fla. 1992)
    …HARDING, Judge. We have for review Martin v. State, 568 So. 2d 1324 (Fla. 3d DCA 1990), in which the Third District Court of Appeal granted the State’s Motion to Certify the case to accompany Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990), quashed, 581 So. 2d 153 (Fla.1991). We have consolidated State v. Martin, No. 77,038, in which the State seeks review of the district court’s decision with Martin v. State, No. 77,033, in which Troy Martin (Martin) raises three a…

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