TaiLexi AI U.S. Case Law

Porter v. State

Donald PORTER v. The STATE of Florida

Porter v. State, 367 So. 2d 705 (Fla. Dist. Ct. App. 1979)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 19, 1979
Docket
No. 76-2040
Judges
Hendry, Pearson, Schwartz
Citations
367 So. 2d 7051979 Fla. App. LEXIS 14464
Cited by 5

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

ON RECONSIDERATION, PURSUANT TO REMAND PER CURIAM.

Subsequent to the filing of our former opinion in this cause, see Porter v. State, 356 So.2d 1268 (Fla. 3d DCA 1978), the State of Florida petitioned for certiorari in the Supreme Court of Florida. The Supreme Court granted certiorari and remanded the cause, 364 So.2d 892 , for further proceedings consistent with the recent decision of the Supreme Court in Clark v. State, 363 So.2d 331 (Fla.1978).

Pursuant to the order of the Supreme Court, we have allowed the filing of additional briefs by the appellant and the appel-lee, having heard argument, and have reached the conclusion that the Supreme Court’s decision in Clark v. State, supra, must be applied to this appeal and that the application of that decision to the facts of this case requires an affirmance of the decision of the trial court.

Accordingly, having found that no error is presented by the appeal of Donald Porter, defendant, our opinion in this cause filed March 7, 1978, and reported at 356 So.2d 1268 , and the mandate of this court, issued April 21,1978, are withdrawn and the judg *706 ment and sentence heretofore entered in the cause by the trial court are affirmed.

Affirmed.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1981: 11989: 21996: 12020: 119812026peak 1989 · 2

Relies on it most ⓘ

  1. Norman v. Gloria Farms, Inc.668 So. 2d 1016 (Fla. Dist. Ct. App. 1996)
  2. Berry v. State547 So. 2d 969 (Fla. Dist. Ct. App. 1989)
  3. Segars v. State537 So. 2d 1052 (Fla. Dist. Ct. App. 1989)
  4. Ray v. State403 So. 2d 956 (Fla. 1981)
  5. RASHAD MILANES v. STATE OF FLORIDANo. 19-2435 (Fla. Dist. Ct. App. June 3, 2020)

Most recent

  1. RASHAD MILANES v. STATE OF FLORIDANo. 19-2435 (Fla. Dist. Ct. App. June 3, 2020)
  2. Norman v. Gloria Farms, Inc.668 So. 2d 1016 (Fla. Dist. Ct. App. 1996)
  3. Berry v. State547 So. 2d 969 (Fla. Dist. Ct. App. 1989)
  4. Segars v. State537 So. 2d 1052 (Fla. Dist. Ct. App. 1989)
  5. Ray v. State403 So. 2d 956 (Fla. 1981)

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 2

DepthCaseCited by
Porter v. State, 356 So. 2d 1268 (Fla. Dist. Ct. App. 1978) 9
Clark v. State, 363 So. 2d 331 (Fla. 1978) 302

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list