Melendez v. State, 68-1007

• Court: Florida District Court of Appeals
• Writing for the Court: Before PEARSON; PER CURIAM
• Citation: Melendez v. State, 247 So.2d 449 (Fla. App. 1971)
• Decision Date: 02 April 1971
• Docket Number: No. 68-1007,68-1007
• Parties: Elias Gonzales MELENDEZ, Appellant, v. The STATE of Florida, Appellee.

Page 449

247 So.2d 449

Elias Gonzales MELENDEZ, Appellant, v. The STATE of Florida, Appellee.

No. 68-1007.

District Court of Appeal of Florida, Third District.

April 2, 1971.

Appeal from Criminal Court of Record, Dade County; Jack M. Turner, Judge.

Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on February 3, 1970 (231 So.2d 251) reversing the judgment and sentence of the Criminal Court of Record for Dade County, in the above styled cause; and

Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed February 3, 1971 (244 So.2d 137) and mandate dated February 22, 1971, quashed this court's judgment and remanded the cause for further proceedings, consistent with the said opinion and judgment of the Supreme Court of Florida;

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on February 25, 1970, is withdrawn, the opinion and judgment of this court filed February 3, 1970 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion...