Cook v. State

This cause is before us by petition for writ of certiorari, asserting conflict between the decision of the Third District Court of Appeal in Cook v. State, 360 So.2d 439 (Fla.3d DCA 1978), and this Court’s decisions in Wilson v. State, 134 Fla. 390, 184 So. 31 (1938); and State v. Petteway, 121 Fla. 822, 164 So. 872 (1935). Art. V, § 3(b)(3), Fla.Const.

The parties shall be referred to as they appeared in the trial court, petitioner as defendant and respondent as state.

The facts of this case are not in dispute. The attorney general’s office served defendant with a notice of taking deposition…