Supreme Court of Florida, 1979

State v. Mitchell

Supreme Court of Florida · Decided February 8, 1979 · Adkins, Alderman, England, Hatchett, Sundberg

368 So. 2d 591; 1979 Fla. LEXIS 4557 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Corn v. Dept. of Legal Affairs (Fla. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ALDERMAN, Justice.

We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So.2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So.2d 324 (Fla. 1978), decided after the district court’s decision in this cause was rendered. The district court relied on the decision of the Third District Court of Appeal in Sobel v. State, 349 So.2d 747 (Fla. 3d DCA 1977), and stated that the facts in Sobel were almost identical to those in this case. In State v. Sobel, supra, we quashed the decision of the District Court of Appeal. On the authority of State v. Sobel, we quash the decision of the Second District Court of Appeal and remand for further proceedings consistent herewith.

It is so ordered.

ENGLAND, C. J., and ADKINS and SUNDBERG, JJ., concur. HATCHETT, J., dissents.

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