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409 So. 2d 1072

R. L. W. v. State

District Court of Appeal of Florida

Decided December 18, 1981

District Court of Appeal of Florida · decided 1981-12-18

Relies on 405 So. 2d 418 - Jollie v. State · 392 So. 2d 301 - RMP v. Jones

Decided 1981-12-18

PER CURIAM.

¶1AFFIRMED. See R. M. P. v. Jones, 392 So.2d 301 (Fla. 1st DCA 1980), docketed, Case No. 60,223 (Fla., orally argued Aug. 31, 1981). Our affirmance in this case is based upon the same questions addressed in R. M. P. v. Jones, supra. Pursuant to the opinion of the Florida Supreme Court in Jollie v. State, 405 So.2d 418 (Fla.1981), reh. pending, mandate in this case will be withheld during the period provided for invoking Supreme Court review and thereafter, if review is sought, pending final disposition of any petition for review herein.

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

¶2ON MOTION FOR REHEARING

PER CURIAM.

¶3While there is some language in Jollie, supra, which suggests that the mandate in *1073the present ease might be withheld pending the Supreme Court’s disposition in the controlling case, a closer reading of Jollie leads us to conclude that the mandate should be withheld during the period for invoking Supreme Court review in the present case, and thereafter, if review is sought, pending final disposition of such petition by the Supreme Court. In reaching this conclusion we have relied on that portion of Jollie which indicates that the purpose of this procedure is to “dispose of the need for separate motions [in the DCA] to stay mandates,” and that “[i]f review of the referenced decision is requested, the parties may seek consolidation” in the Supreme Court.

¶4The motion for rehearing and for modification of stay is accordingly denied.

¶5McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

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