Supreme Court of Florida, 1978

Shaw v. State

Shaw v. State
Supreme Court of Florida · Decided June 30, 1978 · Adkins, Alderman, Berg, Boyd, England, Hatchett, Overton, Sund
360 So. 2d 772; 1978 Fla. LEXIS 4844 (Southern Reporter, Second Series)

Shaw v. State

Opinion of the Court

BOYD, Justice.

Reversed and remanded for new trial. Section 812.14(3), Florida Statutes, is unconstitutional and may not be applied in a proceeding following remand of the cause. McMillan v. State, 358 So.2d 547 (1978).

It is so ordered.

OVERTON, C. J., and ADKINS, SUND-BERG, HATCHETT and ALDERMAN, JJ., concur. ENGLAND, J., dissents.

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