Kellerman v. State, 77-436

• Decision Date: 22 January 1979
• Docket Number: No. 77-436,77-436
• Citation: 366 So.2d 824
• Parties: Dennis KELLERMAN, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 824

366 So.2d 824

Dennis KELLERMAN, Appellant, v. The STATE of Florida, Appellee.

No. 77-436.

District Court of Appeal of Florida, Third District.

Jan. 22, 1979.

Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, ^* C. J., and PEARSON, J. and CHARLES CARROLL (Ret.), Associate Judge.

ON RECONSIDERATION, PURSUANT TO REMAND

PER CURIAM.

On consideration of a petition for certiorari to review this court's judgment affirming a conviction of the defendant below (Kellerman v. State, 353 So.2d 901 (Fla. 3d DCA 1977)), the Supreme Court of Florida, 366 So.2d 882 entered an order granting certiorari and remanding the cause to this court for further proceedings consistent with the Supreme Court's recent decision in Clark v. State, 363 So.2d 331 (Fla.1978).

Thereafter this court granted a motion of the appellant Kellerman to file a supplemental brief, with leave to the State to file an answering brief, which briefs now have been filed and considered.

On reconsideration of this appeal, we conclude that our decision of affirmance as reported in 353 So.2d 901 was correct under the law as pronounced in Clark v. State, supra, and our said judgment in this cause is hereby adhered to.

It is so ordered.

* Chief Judge HAVERFIELD participated in the reconsideration decision in this case upon remand from the Supreme Court but did not participate in the original decision of affirmance.