STATE OF FLORIDA, APPELLANT,
v.
ADA PETILLO ET AL., APPELLEES
STATE OF FLORIDA, APPELLANT,
ADA PETILLO ET AL., APPELLEES
250 So. 2d 264
Florida Supreme Court (1971)
Positive Treatment
Cited by 5 cases
Opinion of the Court
The State appeals from an Order entered by the Criminal Court of Record, Dade County, in which Fla.Stat. § 800.03, F.S.A. was held unconstitutional.
The Order is reversed on authority of (Hoffman v. Carson, Fla., 250 So.2d 891, filed July 7, 1971.
The cause is remanded for continuation of the proceedings below.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State, 272 So. 2d 549 (Fla. 1st DCA 1973)…o the appellant. The appellant and the appellee both contend that this question is of first impression. Both are in error on this question, because the Supreme Court of Florida has had this exact question before it in the case of Ruester v. Turner, 250 So. 2d 264, 267 (Fla.1971), wherein we find this language: “We now agree with those courts that have determined that if a mistrial results, compliance with the statutory requirements is satisfied. The time for retrial then becomes a matter of discretion with…
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Esperti v. State, 276 So. 2d 58 (Fla. 2d DCA 1973)…rial rights. Nevertheless, there is still another reason sufficient to draw this conclusion. As stated previously, the appellant was tried some two months after indictment and this proceeding resulted in a mistrial. It was held in Ruester v. Turner, 250 So. 2d 264 (Fla.1971), that a mistrial is a trial sufficient to satisfy F.S. § 915.01. See, also, State ex rel. Gayle v. Dowling, 91 Fla. 236, 107 So. 267 (Fla.1926). The Florida Supreme Court further held that once such a trial has occurred the statute become…
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South Florida Free Beaches v. City of Miami, 548 F. Supp. 53 (S.D. Fla. 1982)
Authorities Cited
- Hoffman v. Carson, 250 So. 2d 891 (Fla. 1971)