JOHN FRANCIS ROBERTSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Reversed on the authority of Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992), and Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992). Upon remand the trial court shall enter an order of discharge.
REVERSED AND REMANDED.
LETTS, J., concurs.
ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr., Senior Judge, concur specially, with opinion.
ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr.,
concurring specially:
We concur because of the above precedents, cases which we feel were wrongly decided.
ORDERED that appellee’s motion filed July 30, 1992, for rehearing en banc is hereby denied; further,
ORDERED that appellee’s motion filed July 30, 1992, for certification of question is granted. The following question is hereby certified to the Supreme Court of Florida:
DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?
ORDERED that appellee’s motion filed July 30, 1992, to stay mandate pending Supreme Court review is hereby granted.
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Elderbroom v. Knowles, 621 So. 2d 518 (Fla. 4th DCA 1993)…or the presumption of guilt is not great. In a case where the third district so characterized the evidence, it denied the state’s petition for writ of certiorari and upheld a trial court order admitting an accused to reasonable bail. State v. Perry, 605 So. 2d 94 (Fla. 3d DCA), rev. denied, 613 So. 2d 9 (Fla.1992). See also Mininni v. Gillum, 477 So. 2d 1013 (Fla. 2d DCA 1985). We find the same circumstances to exist here. The trial court erred in ae- [*521] knowledging the weight of the evidence presented…
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Nero v. State, 604 So. 2d 550 (Fla. 4th DCA 1992)…ELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY? REVERSED AND REMANDED WITH DIRECTIONS; QUESTION CERTIFIED. DOWNEY and FARMER, JJ., concur. HERSEY, J., concurs specially with opinion. . But see Robertson v. State, 605 So. 2d 94 (Fla. 4th DCA 1992), Mercano v. State, 600 So. 2d 572 (Fla. 4th DCA 1992), Walker v. State, 600 So. 2d 42 (Fla. 4th DCA 1992), Fox v. State, 600 So. 2d 501 (Fla. 4th DCA 1992), Rhodes v. State, 597 So. 2d 974 (Fla. 4th DCA 1992), Hamilton v. State,…
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Kirkland v. Fortune, 661 So. 2d 395 (Fla. 1st DCA 1995)…d at 720), no appellate court has so interpreted that language. On the contrary, all of the appellate decisions since Arthur have continued to follow Russell and its progeny. Elderbroom v. Knowles, 621 So. 2d 518 (Fla. 4th DCA 1993); State v. Perry, 605 So. 2d 94 (Fla. 3d DCA), review denied, 613 So. 2d 9 (Fla.1992); Mininni v. Gillum, 477 So. 2d 1013 (Fla. 2d DCA 1985). In Perry, the Third District expressly rejected such an interpretation, saying: We do not view [the Arthur dicta] as overruling a long lin…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992)
- Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992)