State v. Smith

Full title: STATE OF FLORIDA, APPELLANT, v. DAVID LEE SMITH, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 2, 1983

435 So. 2d 324 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-892.

July 14, 1983. Rehearing Denied August 2, 1983.

Appeal from Circuit Court, Orange County; R. James Stroker, Judge.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

REVERSED. See State v. Van Winkle, 407 So.2d 1059 (Fla. 5th DCA 1981).

COBB and SHARP, JJ., concur.