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281 So. 2d 193

State v. Rapp

Supreme Court of Florida

Decided July 31, 1973

Supreme Court of Florida · decided 1973-07-31

Cited by 5 later decisions — most recently September 1981

5 state decisions

Relies on 76 So. 2d 645 - Green v. State · Rapp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-07-31

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PER CURIAM.

¶1The petition for writ of certiorari reflected probable jurisdiction in this Court to review the decision of the District Court of Appeal, Fourth District, reported at 274 So.2d 18, based upon conflict between that decision and Green v. State, 76 So.2d 645 (Fla.1954). We issued the writ and have heard oral argument of the parties. After argument and upon further consideration of the matter, we have determined that the writ was improvidently issued.

¶2The decisions are distinguishable in that the Green holding relied upon evidence tending to show that the defendant used assumed names intending that the signatures would be taken as the genuine signatures of other people. In the case sub judice, the District Court found that there was no evidence introduced by the State to show that respondent intended the signature of his assumed name to be taken as the genuine signature of another person. We have determined that the distinguishing evidentiary bases for these decisions dictate that this Court not entertain jurisdiction based upon conflict between them. Therefore, the writ is hereby discharged and the petition for writ of certiorari is dismissed.

¶3It is so ordered.

CARLTON, C. J., and ERVIN, BOYD and McCAIN, JJ., concur. ROBERTS, J., dissents.
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