Dunmann v. State, 80-1170

Decision Date25 November 1981
Docket NumberNo. 80-1170,80-1170
Citation410 So.2d 932
PartiesKevin J. DUNMANN, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Appeal from Circuit Court, Orange County; Janis Mary Halker, Acting Circuit Judge.

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The judgment herein is reversed on the authority of Baxley v. State, --- So.2d ---- No. 79-36 (Fla. 5th DCA November 25, 1981).

REVERSED AND REMANDED.

DAUKSCH, C. J., and SHARP, J., concur.

COBB, J., dissents with opinion.

COBB, Judge, dissenting.

I dissent for the reasons set forth in my dissent in the companion cases of Baxley v. State, No. 79-36, --- So.2d ---- (Fla. 5th DCA Nov. 25, 1981).

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1 cases
  • State v. Dunmann
    • United States
    • Florida Supreme Court
    • 6 Enero 1983
    ...McDONALD, Justice. The state has petitioned for review of Baxley v. State, 411 So.2d 194 (Fla. 5th DCA 1981), and Dunmann v. State, 410 So.2d 932 (Fla. 5th DCA 1981), because of conflict with State v. McNeill, 407 So.2d 1021 (Fla. 4th DCA 1981). We have jurisdiction pursuant to article V, s......

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