State v. Russo

This is the third appearance of this case before this court.

In Russo v. State, 270 So.2d 428 (Fla. 4th DCA 1972), we reversed Russo’s plea-negotiated conviction of aggravated assault (upon a holding that certain fingerprint evidence and. inculpatory statements Russo made to the police should have been suppressed) and remanded the case for a new trial.

Upon remand the case came on for trial on the original charge the state had filed (on June 17, 1971) against appellant: assault with intent to commit murder. After the state offered evidence, the court granted Russo’s motion for mistrial. On the…