Gaines v. State, 83-629

• Decision Date: 25 January 1984
• Docket Number: No. 83-629,83-629
• Citation: 444 So.2d 553
• Parties: Herbert Lee GAINES, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 553

444 So.2d 553

Herbert Lee GAINES, Appellant, v. STATE of Florida, Appellee.

No. 83-629.

District Court of Appeal of Florida, Fourth District.

Jan. 25, 1984.

Rehearing Denied Feb. 22, 1984.

Appeal from Circuit Court, Palm Beach County; Marvin Mounts, Jr., Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, 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.

DOWNEY, BERANEK and HERSEY, JJ., concur.