Erler v. State

Supreme Court of Florida June 30, 1971

Erler v. State, 250 So. 2d 274 (Fla. 1971)

1971 Fla. LEXIS 3511

Adkins, Boyd, Carlton, Dekle, Drew, Ervin, Roberts

Opinion of the Court

PER CURIAM.

Writ of certiorari having been heretofore issued, argument having been heard, and the Court having examined the record and briefs, it appears the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.

It is so ordered.

ROBERTS, C. J., and CARLTON, ADKINS, BOYD, DEKLE and DREW (Retired), JJ., concur. ERVIN, J., dissents with opinion.

Dissenting Opinion

ERVIN, Justice

(dissenting).

I dissent from the discharge of writ and adopt as my opinion Judge McCain’s dissenting opinion in Erler v. State, Fla.App.1970, 241 So.2d 202.

Reference

Full Case Name: Robert John ERLER v. STATE of Florida
Status: Published