Dotson v. State

Decision Date18 January 1984
Docket NumberNo. 83-141,83-141
Citation446 So.2d 1084
PartiesJames Earl DOTSON, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

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.

PER CURIAM.

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).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

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
    • Florida District Court of Appeals
    • May 9, 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 1984).2 The supreme court disapproved the district court's finding in State v. B......
  • State v. Bussey
    • United States
    • Florida Supreme Court
    • February 7, 1985
    ...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, or in a......

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