Supreme Court of Florida, 1980

Greene v. State

Greene v. State
Supreme Court of Florida · Decided September 11, 1980 · Adkins, Alderman, Boyd, England, McDonald, Overton, Sundberg
387 So. 2d 965; 1980 Fla. LEXIS 4338 (Southern Reporter, Second Series)

Greene v. State

Opinion of the Court

PER CURIAM.

The ruling of the trial court, that section 39.04(2)(e)4, Florida Statutes (Supp. 1978), is constitutional, is consistent with the recent decision of this Court in State v. Cain, 381 So.2d 1361 (Fla. 1980). Therefore, we find this appeal now to be legally frivolous and transfer this case to the District Court of Appeal, Fifth District, for resolution of the remaining issue.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.

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