STATE OF FLORIDA, PETITIONER,
v.
FERNANDO FERNANDEZ, LEONARDO FRANQUI, PABLO SAN MARTIN, AND RICHARD GONZALEZ, RESPONDENTS

Fla. | 1995-07-20
No. 84373
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur,, ANSTEAD, J., recused.
657 So. 2d 1160 Florida Supreme Court (1995) Positive Treatment
Cited by 1 case
Opinion of the Court
WELLS, Justice.

WELLS, Justice.

We have for review State v. Fernandez, 643 So. 2d 1094 (Fla. 3d DCA 1994) (table report of unpublished order), which was certified as being in express and direct conflict with the decision in State v. Maxwell, 647 So. 2d 871 (Fla. 4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Window, v. State, 20 Fla.L.Weekly S200 (Fla. April 27, 1995), we cited with approval the Fourth District’s reasoning in Maxwell. In accordance with Window,, we therefore quash the order issued by the Third District Court of Appeal in the instant case.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur,

ANSTEAD, J., recused.

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  • State v. Fernandez, 660 So. 2d 421 (Fla. 3d DCA 1995)
    …PER CURIAM. Following the decision of the Supreme Court of Florida in State v. Fernandez, 657 So. 2d 1160 (Fla.1995), the matter recurs in this court on the original petition and response and pursuant to State v. Fernandez, supra, we do now quash the trial court’s order denying victim impact evidence, which is the subject matter of this proceeding.…

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