Harris v. State, 52617

Decision Date21 September 1978
Docket NumberNo. 52617,52617
Citation362 So.2d 1346
PartiesJames C. HARRIS, Jr., Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to the District Court of Appeal, Second District.

Jack O. Johnson, Public Defender, and W. C. McLain, Asst. Public Defender, Bartow, for petitioner.

Robert L. Shevin, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, Florida, for respondent.

PER CURIAM.

The petition for writ of certiorari (349 So.2d 854) reflected apparent jurisdiction in this Court. We issued the writ. Upon further consideration of the cause, we conclude that no direct conflict of decisions exists as required by Article V, Section 3(b)(3), Florida Constitution. Therefore, the writ must be and is hereby discharged.

It is so ordered.

ENGLAND, C. J., and BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.

ADKINS and HATCHETT, JJ., dissent.

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2 cases
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    • Florida District Court of Appeals
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    ...547, 550 (Fla.1986); Young v. State, 234 So.2d 341 (Fla.1970); Harris v. State, 349 So.2d 854 (Fla. 2d DCA 1977), cert. discharged, 362 So.2d 1346 (Fla.1978). Moreover, we think Santa Fe's trial agreed, in any event, to the peremptory challenge procedure employed below, and his subsequent e......
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