Salgat v. State, 83216
Decision Date | 30 March 1995 |
Docket Number | No. 83216,83216 |
Citation | 652 So.2d 815 |
Parties | 20 Fla. L. Weekly S150 Patrick Allen SALGAT, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal Certified Great Public Importance First District No. 91-02552 (Santa Rosa County).
Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., and James W. Rogers, Bureau Chief Crim. Appeals, Tallahassee, for respondent.
Prior Report: Fla.App., 630 So.2d 1143.
On February 18, 1994, this Court entered its Order accepting jurisdiction and setting oral argument. We have now determined that the Court is without jurisdiction and, therefore, the Petition for Review is denied. This Court has no jurisdiction to answer a question certified by a district court when that court has not first passed upon the question certified. See art. V, Sec. 3(b)(4), Fla. Const.; Revitz v. Baya, 355 So.2d 1170 (Fla.1977). On our own motion, we have addressed the issue of whether a jury instruction on inconsistent exculpatory statements should continue to be allowed in future trials. See In re Instructions in Criminal Cases, 652 So.2d 814 (Fla.1995).
It is so ordered.
To continue reading
Request your trial-
State v. Campbell
...under article V, section 3(b)(4), Florida Constitution, is limited to decisions that rule on the questions certified. Salgat v. State, 652 So.2d 815, 815 (Fla.1995). We should not use our certified question jurisdiction to correct errors of fact on which a certified question is based and th......
-
Floridians against Exp. Gambling v. Flpf
...a case that turns on the resolution of the question. See Pirelli Armstrong Tire Corp. v. Jensen, 777 So.2d 973 (Fla.2001); Salgat v. State, 652 So.2d 815 (Fla.1995); Boler v. State, 678 So.2d 319 (Fla.1996); Gee v. Seidman & Seidman, 653 So.2d 384 (Fla.1995). In my view, the decision in the......
-
Austin v. State, 96-597
...1st DCA 1993), review denied, 634 So.2d 627 (Fla.1994); and Salgat v. State, 630 So.2d 1143 (Fla. 1st DCA 1993), review denied, 652 So.2d 815 (Fla.1995), to the extent that they hold that pursuant to a double jeopardy claim only the legality of the sentences, not the convictions, may be rai......
-
Fl. for Level Play v. Fl. against Gambling
...ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur. 1. See Pirelli Armstrong Tire Corp. v. Jensen, 777 So.2d 973 (Fla.2001); Salgat v. State, 652 So.2d 815 (Fla.1995); Gee v. Seidman & Seidman, 653 So.2d 384 2. Three judges, Judges Browning, Webster and Lewis, concurred in the judgment and the......