Florida District Courts of Appeal, 1992

Innes v. State

Innes v. State
Florida District Courts of Appeal · Decided May 6, 1992 · Altenbernd, Blue, Parker
597 So. 2d 966; 1992 Fla. App. LEXIS 5260; 1992 WL 93680 (Southern Reporter, Second Series)

Innes v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Davis v. State, 528 So.2d 521 (Fla. 2d DCA), review denied, 536 So.2d 243 (Fla. 1988). We recognize that our decision in Davis is in conflict with *967Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990).

ALTENBERND, A.C.J., and BLUE, J., concur. PARKER, J., concurs specially.

Concurring Opinion

PARKER, Judge,

concurring specially.

I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Innes waived the trial court’s required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So.2d 835 (Fla. 2d DCA 1992).

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