State v. Van Johnson, 386 So. 2d 1316

LETTS, Chief Judge.

This cause is reversed. We see no need to belabor the facts. On July 24, 1980, the Supreme Court in Butterworth v. Fluellen (Fla. Case No. 57,385, Opinion filed July 24, 1980) receded from Negron v. State, 306 So.2d 104 (Fla. 1974), for the very reason that we expressed doubt about when we followed Negron in State v. Reese, 359 So.2d 33 (Fla. 4th DCA 1978), cert. den. 365 So.2d 715 (Fla. 1978).¹

The Supreme Court having receded from Negron, it is now our turn to recede from Reese.

REVERSED AND REMANDED.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.

Notes

1

See also the Florida Bar, Rules of Criminal Procedure, 385 So.2d 1367 (Fla. 1980) which has modified FRCP 3.191(d), (e).

Case Details

Case Name: State v. Van Johnson

Court Name: District Court of Appeal of Florida

Date Published: Aug 27, 1980

Citations: 386 So. 2d 1316; 79-2154

Docket Number: 79-2154

Court Abbreviation: Fla. Dist. Ct. App.