400 SO2D 12 - Jones v. State

How this case has been cited

Cited by 6 later decisions — most recently September 2011

6 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.

¶1 *13 Nancy A. Daniels, Asst. Public Defender, Tallahassee, for petitioner.

¶2Jim Smith, Atty. Gen., Doris E. Jenkins and Gregory Smith, Asst. Attys. Gen., Tallahassee, for respondent.

¶3PER CURIAM.

¶4The decision of the District Court of Appeal, First District, in Jones v. State,383 So.2d 1092 (Fla. 1st DCA 1980), is quashed on the authority of Carter v. State,384 So.2d 1255 (Fla. 1980).

¶5It is so ordered.

¶6SUNDBERG, C.J., and ADKINS, BOYD and McDONALD, JJ., concur.

¶7ALDERMAN, J., dissents with an opinion.

¶8ALDERMAN, Justice, dissenting.

¶9I dissent to the quashing of the district court's decision for the reasons stated in my dissent in Carter v. State,384 So.2d 1255 (Fla. 1980). I would approve the decision of the district court affirming Jones's perjury conviction and holding:

Although Brannen [Brannen v. State,94 Fla. 656, 114 So. 429 (1927)] does not specifically require that the recantation be voluntary done without knowledge that the perjury has been uncovered and the truth known the requirement is implicit in the rationale underlying the decision. If the recantation is not voluntary, it would be of little use in discovering the truth, since the truth is already known or known to be available through other sources.

¶10Jones v. State,383 So.2d 1092, 1093 (Fla. 1st DCA 1980).