Florida District Courts of Appeal, 1993

Fox v. State

Fox v. State
Florida District Courts of Appeal · Decided November 19, 1993 · Cope, Gersten, Hubbart
629 So. 2d 898; 1993 WL 573967 (Southern Reporter, Second Series)

Fox v. State

Opinion of the Court

Following review of this petition for writ of certiorari, together with the response thereto, it is ordered that said petition is hereby denied.

HUBBART and COPE, JJ., concur.

Dissenting Opinion

GERSTEN, J.

would grant certiorari and remand for the trial court to conduct an evidentiary hearing pursuant to Younghans v. State, 90 So.2d 308 (Fla. 1956) and Fla. R.Crim.P. 3.691 because there is nothing in the record to support the trial court’s finding.

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