Supreme Court of Florida, 1972

State v. Davis

State v. Davis
Supreme Court of Florida · Decided November 29, 1972 · Boyd, Cain, Carlton, Dekle, Ervin, Lee, Roberts
269 So. 2d 664 (Southern Reporter, Second Series)

State v. Davis

Dissenting Opinion

DEKLE, Justice

(dissenting):

I respectfully dissent in accord with the clear analysis expressed in the dissent of Judge Wigginton to the district court opinion.

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter we have determined that the cited decisions present no direct conflict as required by Article V, Section 4, Florida Constitution, F.S.A. Therefore, the writ must be and is hereby discharged.

It is so ordered.

ERVIN, CARLTON, BOYD and Mc-CAIN, JJ., and LEE, Circuit Judge, concur. DEKLE, J., dissents with opinion. ROBERTS, C. J., dissents and agrees with DEKLE, J.

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