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366 So. 2d 878

McClain v. State

District Court of Appeal of Florida

Decided February 6, 1979

District Court of Appeal of Florida · decided 1979-02-06

Relies on 341 So. 2d 1075 - Sands v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-02-06

How this case has been cited

Cited by 109 later decisions — most recently July 2008 · most notably 629 So. 2d 817 - Kozel v. Ostendorf (1994), 403 So. 2d 954 - Redondo v. State (1981)

4 federal appellate · 99 state decisions

6101979198019902000decided

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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¶1ORDER ON MANDATE

PER CURIAM.

¶2WHEREAS, the judgment of this court was entered on February 8,1977 (341 So.2d 1075) affirming the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and

¶3WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 21, 1978 and mandate now lodged in this court, quashed this court’s judgment with directions.

¶4NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on February 24, 1977 is withdrawn the judgment of this court filed in this cause on February 8, 1977 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The judgment and sentence appealed from herein is reversed and the cause is remanded to the trial court to vacate the sentence for display of a firearm during commission of a felony. Costs allowed shall be taxed in the trial court (Rule 9.400(a) Florida Rules of Appellate Procedure).

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