State v. Van Johnson

386 So.2d 1316 (1980)

STATE of Florida, Appellant,

v.

James VAN JOHNSON, Appellee.

No. 79-2154.

District Court of Appeal of Florida, Fourth District.

August 27, 1980.

Michael J. Satz, State's Atty. and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Victor Tobin, Fort Lauderdale, for appellee.

LETTS, Chief Judge.

This cause is reversed. We see no need to belabor the facts. On July 24, 1980, the Supreme Court in Butterworth v. Fluellen (Fla. Case No. 57,385, Opinion filed July 24, 1980) receded from Negron v. State, 306 So.2d 104 (Fla. 1974), for the very reason that we expressed…