State v. Cifuentes

The trial court dismissed the information against appellant after our decision in State v. Anders, 560 So.2d 288 (Fla. 4th DCA 1990), but prior to the supreme court’s subsequent decision in State v. Hunter, 586 So.2d 319 (FIa.1991). We reverse and remand.

Recognizing that our decision was only that of an intermediate appellate court, the trial court said in its order of dismissal:

This Court’s ruling is expressly contingent upon the continued viability of the principal [sic] of “vicarious” due process protection expressed in Anders, and if a controlling appellate court definitively limits this…