Florida District Courts of Appeal, 1976

Avila v. State

Avila v. State
Florida District Courts of Appeal · Decided April 22, 1976 · Haverfield, Hendry, Nathan
330 So. 2d 189; 1976 Fla. App. LEXIS 14963 (Southern Reporter, Second Series)

Avila v. State

Opinion of the Court

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on December 3, 1974 (306 So. 2d 550) reversing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed February 11, 1976 (327 So.2d 210) and mandate now lodged in this court, quashed this court’s judgment with directions ;

*190NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on February 4, 1975 is withdrawn, the judgment of this court filed December 3, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the sentence for violation of probation imposed in this cause by the trial court is reinstated. Costs allowed shall be taxed in the trial court (Rule 3.16b, F.A.R.).

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