STATE OF FLORIDA EX REL. FLAZELL TROUPE, RELATOR,
v.
THE HONORABLE ELLEN MORPHONIOS, AND THE HONORABLE PAUL BAKER, AS JUDGES OF THE CRIMINAL COURT OF RECORD IN AND FOR DADE COUNTY, FLORIDA, RESPONDENTS

Fla. 3d DCA | 1974-01-10
No. 72-144
Before BARKDULL, C. J., and PEARSON and CARROLL, JJ.
287 So. 2d 375 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas, the judgment of this court was entered on March 7, 1972 (258 So. 2d 528) dismissing a suggestion for writ of prohibition directed to the Circuit Court of Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 5, 1973 (283 So. 2d 85) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause,

Now, Therefore, it is Ordered that the judgment of this court heretofore filed in this cause is vacated, the opinion and judg ment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the original sentences of the trial court upon the pleas of guilty of the two offenses charged are reinstated and the cause is remanded to the trial court for such appropriate proceedings as may be necessary to carry out the sentences of the court.


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  • Francis v. State, 736 So. 2d 97 (Fla. 4th DCA 1999)
    …ated double jeopardy as “there was no further contemplated hearing for that day in the cause, and thus the matter was concluded for all purposes” when the court initially sentenced defendant), opinion conformed to State ex rel. Troupe v. Morphonios, 287 So. 2d 375 (Fla. 3d DCA 1974). As such, we affirm. AFFIRMED. DELL and HAZOURI, JJ., concur. . It is undisputed that the state satisfied the first prong of this test in that Bañas was investigating a 911 telephone call when the alleged obstruction occurred.…

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