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Freber v. State

William E. FREBER v. STATE of Florida

Freber v. State, 352 So. 2d 106 (Fla. Dist. Ct. App. 1977)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 1, 1977
Docket
No. 76-1483
Judges
Alderman, Anstead, Dauksch
Citations
352 So. 2d 1061977 Fla. App. LEXIS 16654

Opinion of the Court — Dauksch

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DAUKSCH, Judge.

The Defendant was convicted of breaking and entering with intent to commit a misdemeanor. At trial the eyewitness did not identify the Defendant as the person who committed the breaking and entering and *107 two deputies were called to testify that the eyewitness did identify the Defendant at the scene as the perpetrator. The facts of this case are thus quite similar to those set out in Laws v. State (Fla.4th DCA 1977), Case No. 76-1544, Opinion on Petition for Rehearing issued September 6, 1977. The only material difference is that the Defendant timely objected to the hearsay testimony of the deputies and that causes us to reverse the conviction. See Laws, supra; Willis v. State, 217 So.2d 106 (Fla. 1968); Willis v. State, 208 So.2d 458 (Fla.1st DCA 1968); Johnson v. State, 249 So.2d 452 (Fla.4th DCA 1971). The Judgment and Sentence are reversed and this cause is remanded for new trial in accordance with this opinion.

REVERSED and REMANDED.

ALDERMAN, C. J., and ANSTEAD, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 219782026peak 1978 · 2

Relies on it most ⓘ

  1. State v. Freber366 So. 2d 426 (Fla. 1978)
  2. Williams v. State366 So. 2d 429 (Fla. 1978)

Most recent

  1. State v. Freber366 So. 2d 426 (Fla. 1978)
  2. Williams v. State366 So. 2d 429 (Fla. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Johnson v. State, 249 So. 2d 452 (Fla. Dist. Ct. App. 1971) 19
Willis v. State, 217 So. 2d 106 (Fla. 1968) 18
Willis v. State, 208 So. 2d 458 (Fla. Dist. Ct. App. 1968) 15

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