Benz v. State, CC-253

• Decision Date: 10 June 1977
• Docket Number: No. CC-253,CC-253
• Citation: 346 So.2d 1081
• Parties: Gregory Alan BENZ, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1081

346 So.2d 1081

Gregory Alan BENZ, Appellant, v.STATE of Florida, Appellee.

No. CC-253.

District Court of Appeal of Florida, First District.

June 10, 1977.

John R. Nettles, Port Charlotte, for appellant.

Robert L. Shevin, Atty. Gen., Jeanne Dawes Schwartz, Charles F. McClamma, and Michael H. Davidson, Asst. Attys.Gen., for appellee.

PER CURIAM.

By prior order of this Courtthis case was scheduled for oral argument on May 26, 1977.Prior to oral argument, the Court discovered its jurisdiction to be questionable and thereupon issued an order directing the parties to be prepared to argue the jurisdictional issue at the same time argument on the merits had been scheduled.Having now considered the record, briefs and oral argument of counsel, the Court determines that if the Court had jurisdiction affirmance would nevertheless be required because appellant has failed to demonstrate prejudicial error.However, we may not reach that point because we determine...