Maguire v. State

District Court of Appeal of Florida

Decided March 25, 1977

District Court of Appeal of Florida · decided 1977-03-25

Relies on Roberts v. State · Ringgo v. State · 346 So. 2d 554 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-25

How this case has been cited

Cited by 9 later decisions — most recently September 2002

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been demonstrated. We have carefully considered and reject the retroactive application of the recent decision of the Supreme Court of Florida in Roberts v. State, 335 So.2d 285 (Fla.1976), adopting the so called “Lyles” rule. In this regard, we agree with the reasoning and rationale of the Third District in Williams v. State, La.App., 346 So.2d 554, opinion filed February 8, 1977; but see, Ringgo v. State, 339 So.2d 293 (Fla. 2d DCA 1976). Accordingly, the judgment and sentence are affirmed.

¶2AFFIRMED.

MAGER, C. J., and ALDERMAN, J., concur.DAUKSCH, J., dissents, with opinion.