State v. Roberts

Decision Date21 December 1984
Citation461 So.2d 116
PartiesState v. Roberts (John) NO. 65556
CourtFlorida Supreme Court

Appeal From: 4th DCA

450 So.2d 1126

Pet. for rev. den.

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2 cases
  • McFadden v. State, 98-91.
    • United States
    • Florida District Court of Appeals
    • 14 Abril 1999
    ... ... 7 (Fla.1998). Like the Fifth District in Parker v. State, 563 So.2d 1130, 1131 (Fla. 5th DCA 1990), dismissed, 569 So.2d 1280 (Fla.), however, we rely on and follow the reasoning of then-Judge Anstead in Roberts v. State, 450 So.2d 1126, 1127 (Fla. 4th DCA 1984)(Anstead, J., specially concurring), review denied, 461 So.2d 116 (Fla.), which expressed his disagreement with Barber on the ground that: ... However logical this view may appear, I presume the legislature was aware, when it enacted section ... ...
  • Parker v. State, 89-1550
    • United States
    • Florida District Court of Appeals
    • 12 Julio 1990
    ... ... State, 449 So.2d 921 (Fla. 1st DCA) review denied, 458 So.2d 274 (Fla.1984), and Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982). He relies, however, on language in a concurring opinion by Judge Anstead in Roberts v. State, 450 So.2d 1126 (Fla. 4th DCA), review denied, 461 So.2d 116 (Fla.1984), which noted conflict with Barber and stated: ... I presume the legislature was aware, when it enacted section 90.610(1) that the Florida Supreme Court had already announced: ... This court has so often expressed the ... ...

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