Dotson v. State

CourtCourt of Appeal of Florida (US)
Citation446 So.2d 1084
Docket NumberNo. 83-141,83-141
PartiesJames Earl DOTSON, Appellant, v. STATE of Florida, Appellee.
Decision Date18 January 1984

Appeal from Circuit Court, Palm Beach County; John E. Born, Judge.

Richard L. Jorandby, Public Defender, Margaret Good, Asst. Public Defender, and Karen Jones, Legal Asst., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lydia M. Valenti, Asst. Atty. Gen., West Palm Beach, for appellee.


Defendant's conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla.1981).


BERANEK and DELL, JJ., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting:

I concur with the analysis and holding in M.P. v. State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional. Consequently, I would affirm.

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2 cases
  • Carruthers v. State, 92-3173
    • United States
    • Court of Appeal of Florida (US)
    • 9 Mayo 1994
    ...of the [Fourth] district court of appeal," 463 So.2d at 1145, including two which had overturned convictions, Dotson v. State, 446 So.2d 1084 (Fla. 4th DCA 1984) and Gaines v. State, 444 So.2d 553 (Fla. 4th DCA 2 The supreme court disapproved the district court's finding in State v. Bussey,......
  • State v. Bussey, s. 64966
    • United States
    • United States State Supreme Court of Florida
    • 7 Febrero 1985
    ...motions. Both men were convicted. However, on appeal the convictions were reversed on the authority of State v. Bussey. Dotson v. State, 446 So.2d 1084 (Fla. 4th DCA 1984); Gaines v. State, 444 So.2d 553 (Fla. 4th DCA Section 817.563 provides: It is unlawful for any person to agree, consent......

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