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State v. Carroll

Supreme Court of Florida
Dec 19, 1973
287 So. 2d 304 (Fla. 1973)

Opinion

No. 43615.

December 19, 1973.

Robert L. Shevin, Atty. Gen., Raymond L. Marky, and George R. Georgieff, Asst. Attys. Gen., for plaintiff.

James M. Russ and Michael F. Cycmanick, of Law Offices of James M. Russ, and Charles J. Cullom, Orlando, for defendant.


We have for consideration questions from the Ninth Judicial Circuit, relating to Fla. Stat. §§ 775.08, 782.04, 921.141 (Capital Punishment), F.S.A., certified under the provisions of Fla.App.Rules, Rule 4.6, 32 F.S.A.

The above appellate rule provides certain limitations within which the question must be presented and these limitations are strictly observed. Clar v. Dade County, 116 So.2d 34 (Fla.App.3d 1959); Hillsborough County v. Bennett, 173 So.2d 688 (Fla. 1965). One of the limitations imposed is that the certified question must be without controlling precedent in Florida. Bigby v. Lykes Bros., 153 Fla. 313, 14 So.2d 565 (1943); Stanley v. Home Owners Mortgage Co., 42 So.2d 770 (Fla. 1949); Jaworski v. City of Opa-Locka, 149 So.2d 566 (Fla.App.3d 1963).

This Court in State v. Dixon, 283 So.2d 1 (Fla. 1973), held that Fla. Stat. §§ 775.082, 782.04, 921.141, F.S.A., was constitutional. The request is therefore denied.

It is so ordered.

CARLTON, C.J., and BOYD, McCAIN and DEKLE, JJ., concur.


Summaries of

State v. Carroll

Supreme Court of Florida
Dec 19, 1973
287 So. 2d 304 (Fla. 1973)
Case details for

State v. Carroll

Case Details

Full title:STATE OF FLORIDA, PLAINTIFF, v. AARON DENNIS CARROLL, DEFENDANT

Court:Supreme Court of Florida

Date published: Dec 19, 1973

Citations

287 So. 2d 304 (Fla. 1973)

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