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652 So. 2d 815

Docket No. 83216.

Salgat v. State

Patrick Allen SALGAT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided March 30, 1995.

Supreme Court of Florida · decided 1995-03-30

Key passage — most relied on by later courts

“This Court has no jurisdiction to answer a question certified by a district court when that court has not first passed upon the question certified.”

quoted by 1 later decision, including 914 So. 2d 942 - Therrien v. State

Relies on Revitz v. Baya · 652 So. 2d 814 - In Re Instructions in Criminal Cases

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-30

How this case has been cited

Cited by 62 later decisions — most recently March 2019 · most notably 730 So. 2d 265 - Dixon v. State (1999), 699 So. 2d 662 - Sliney v. State (1997)

61 state decisions

450199520002010decided

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.

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

¶2Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., and James W. Rogers, Bureau Chief Crim. Appeals, Tallahassee, for respondent.

¶3PER CURIAM.

¶4On February 18, 1994, this Court entered its Order accepting jurisdiction and setting oral argument. We have now determined that the Court is without jurisdiction and, therefore, the Petition for Review is denied. This Court has no jurisdiction to answer a question certified by a district court when that court has not first passed upon the question certified. See art. V, § 3(b)(4), Fla. Const.; Revitz v. Baya, 355 So.2d 1170 (Fla. 1977). On our own motion, we have addressed the issue of whether a jury instruction on inconsistent exculpatory statements should continue to be allowed in future trials. See In re Instructions in Criminal Cases, 652 So.2d 814 (Fla. 1995).

¶5It is so ordered.

¶6GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

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