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Florida District Courts of Appeal, 2003

Morancy v. State

Morancy v. State
Florida District Courts of Appeal · Decided October 3, 2003 · Griffin, Sharp, Torpy
855 So. 2d 278; 2003 Fla. App. LEXIS 15134; 2002 WL 32172846 (Southern Reporter, Second Series)

Morancy v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Jackson v. State, 847 So.2d 1038 (Fla. 5th DCA 2003). We disagree with Green v. State, 839 So.2d 748 (Fla. 2d DCA 2003), and certify conflict.

SHARP, W., and TORPY, JJ., concur. GRIFFIN, J., concurring specially, with opinion.

Concurring Opinion

GRIFFIN, J.,

concurring specially.

Actually, I do not disagree with Green. My own view, like that of Judge Sawaya, is that Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), was wrongly decided, but since it is the law of this district, we must follow it. Pena v. State, 853 So.2d 1120 (Fla. 5th DCA 2003); Fillyaw v. State, 853 So.2d 590 (Fla. 5th DCA 2003).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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