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State v. Van Johnson

District Court of Appeal of Florida, Fourth District
Aug 27, 1980
386 So. 2d 1316 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-2154.

August 27, 1980.

Appeal from Circuit Court, Broward County; Stanton S. Kaplan, Judge.

Michael J. Satz, State's Atty. and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Victor Tobin, Fort Lauderdale, for appellee.


This cause is reversed. We see no need to belabor the facts. On July 24, 1980, the Supreme Court in Butterworth v. Fluellen (Fla. Case No. 57,385, Opinion filed July 24, 1980) receded from Negron v. State, 306 So.2d 104 (Fla. 1974), for the very reason that we expressed doubt about when we followed Negron in State v. Reese, 359 So.2d 33 (Fla. 4th DCA 1978), cert. den. 365 So.2d 715 (Fla. 1978).

See also the Florida Bar, Rules of Criminal Procedure, 385 So.2d 1367 (Fla. 1980) which has modified FRCP 3.191(d), (e).

The Supreme Court having receded from Negron, it is now our turn to recede from Reese.

REVERSED AND REMANDED.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.


Summaries of

State v. Van Johnson

District Court of Appeal of Florida, Fourth District
Aug 27, 1980
386 So. 2d 1316 (Fla. Dist. Ct. App. 1980)
Case details for

State v. Van Johnson

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JAMES VAN JOHNSON, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 27, 1980

Citations

386 So. 2d 1316 (Fla. Dist. Ct. App. 1980)

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