Franks v. State, 467 So. 2d 400

PER CURIAM.

The dispositive issue on appeal is whether the Supreme Court‘s ruling in State v. Neil, 457 So.2d 481 (Fla. 1984), applies to cases tried before September 27, 1984, (the date of Neil‘s issuance). Relying on the Supreme Court‘s decision in Andrews v. State, 459 So.2d 1018 (Fla. 1984) (applying Neil to a case tried before Sept. 27, 1984), we join the Third District and hold “that Neil governs so-called `pipeline’ cases such as this one, in which the issue was properly preserved below and which was pending when Neil was decided.” Jones v. State, 466 So.2d 301 (Fla. 3d DCA 1985).

Reversed and remanded for new trial.

GLICKSTEIN and HURLEY, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.

Case Details

Case Name: Franks v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 27, 1985

Citations: 467 So. 2d 400; 10 Fla. L. Weekly 798; 84-410

Docket Number: 84-410

Court Abbreviation: Fla. Dist. Ct. App.