Opinion
No. 37562.
May 28, 1969. Rehearing Denied July 9, 1969.
An Appeal from the Criminal Court of Record for Dade County, Carling Stedman, Judge.
Earl Faircloth, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellant.
Max B. Kogen, Miami, for appellee.
The record in the instant case is in substantially the same condition as the record in State v. Kahler, 224 So.2d 272 (filed May 28, 1969, Fla.). For the reason there announced this cause is similarly temporarily remanded to the trial judge for the entry of an order in accord with our directive in Kahler, supra.
It is so ordered.
ERVIN, C.J., and DREW, THORNAL, THOMAS, (Retired) and CALDWELL, (Retired), JJ., concur.
On Petition for Rehearing
Upon consideration of appellant's petition for rehearing and/or modification, it is ordered that said petition be and the same is hereby denied.
DREW, THORNAL, THOMAS (Retired) and CALDWELL (Retired), JJ., concur.
ERVIN, C.J., concurs specially with opinion.
I agree to the denial of the State's petition for rehearing and/or modification for the reasons set forth in my specially concurring opinion in the case of State v. Kahler, 224 So.2d 272, filed this date.