JOHN HENRY BATTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN HENRY BATTLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 464
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DOWNEY, Chief Judge.
ON PETITION FOR REHEARING
In his petition for rehearing the appellee has pointed out that in the recent case of State v. Abreau, 363 So. 2d 1063 (1978) by the Supreme Court of Florida, the court held that the rule set forth in DeLaine v. State, 262 So. 2d 655 (Fla.1977), is still the law of Florida. Having reconsidered our opinion filed June 7, 1978, in the light of State v. Abreau, supra, the appellee’s petition for rehearing is granted, our opinion filed June 7, 1978, is withdrawn and the judgment and sentence appealed from is affirmed.
LETTS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Thomas, 362 So. 2d 1348 (Fla. 1978)…la.1978); Lomax v. State, 345 So. 2d 719 (Fla.1977); Saunders v. State, 341 So. 2d 773 (Fla.1977); Adams v. State, 341 So. 2d 765 (Fla.1977); Gil-ford v. State, 313 So. 2d 729 (Fla.1975); Bailey v. State, 224 So. 2d 296 (Fla. 1969); Battle v. State, 362 So. 2d 464 (Fla. 4th DCA 1978); Thomas v. State, 351 So. 2d 77 (Fla. 4th DCA 1977); Bryant v. State, 334 So. 2d 160 (Fla. 2d DCA 1976); Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976); Lightfoot v. State, 331 So. 2d 388 (Fla. 2d DCA 1976); Parker v. Sta…
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Angelia Hudson v. State, 364 So. 2d 501 (Fla. 4th DCA 1978)…ourt also failed to instruct the jury on petit larceny. Consistent with our decision in Moore v. State, 352 So. 2d 529 (Fla. 4th DCA 1977) we find this failure to be reversible error. However, in keeping with the majority opinion in Battle v. State, 362 So. 2d 464 (Fla. 4th DCA, opinion issued June 6, 1978, rehearing granted September 13, 1978) we certify the following question to the Supreme Court as one of great public interest: IS PETIT LARCENY NECESSARILY A LESSER INCLUDED OFFENSE OF GRAND LARCENY? Acco…
Authorities Cited
- Grant v. State, 363 So. 2d 1063 (Fla. 1978)
- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)