Legal Opinion

State v. Polo

Supreme Court of Florida

Decided December 9, 1970No. Nos. 39106, 39105 and 39104PublishedCited by 4 opinions

1Opinion of the Court

CARLTON, Justice.

The Circuit Court for the Sixth Judicial Circuit, Pinellas County, entered an Order Vacating the Judgment and Sentence in each of these three consolidated cases following disclosure of the fact that ap-pellees’ respective felony . convictions stemmed from prosecutions initiated by informations which contained erroneously executed affidavits. The Court also held that Fla.Stat. § 906.04(2), F.S.A. which places limitations upon the opportunity to question the validity of an information, was unconstitutional as applied to the ap-pellees. On direct appeal by the State under…

2Cases cited3 opinions

  1. Bryan v. StateSupreme Court of Florida · 1899
  2. Champlin v. CochranSupreme Court of Florida · 1960
  3. Sutton v. StateDistrict Court of Appeal of Florida · 1967

3Cited by4 opinions

  1. State v. RiveroDistrict Court of Appeal of Florida · 1981
  2. Virgil Hayward v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1972
  3. Fedick v. StateDistrict Court of Appeal of Florida · 1972
  4. Mackey v. StateDistrict Court of Appeal of Florida · 1972

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